MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 March 2002                   
	DOCKET NUMBER:   AR2001065948

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of appropriate military records to show a reentry eligibility (RE) code, which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications, which preclude reenlistment.

APPLICANT STATES:  In effect, that she does not believe she should have received RE code 3 or a discharge under other than honorable conditions (UOTHC).  The reenlistment codes are too restrictive for the alleged problem.  The UOTHC does reflect the issues that were happening.  She is seeking to return to military duty.  The RE code 3C does not allow her to join any other military branch except the Army.

EVIDENCE OF RECORD:  The applicant's military records show:

On 27 January 1984, the applicant enlisted in the Regular Army for 3 years.
She completed basic combat training and advanced individual training and was awarded military occupational specialty 76Y10 (Unit Supply Specialist).  The highest pay grade that she achieved was pay grade E-4.

On 5 February 1986, court martial charges were preferred against the applicant for being absent without leave (AWOL) from 1 November to 21 December 1986.

On 5 February 1986, after consulting with legal counsel the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  The applicant also acknowledged that by submitting the request for discharge she was admitting her guilt of the charges that were preferred against her.  The applicant was advised of the effects of a discharge under other than honorable conditions and that she might be deprived of many or all Army and Veterans Administration benefits.  She was afforded the opportunity to submit statements in her behalf.  The applicant stated in effect, that she was harassed, she was assaulted, she received obscene phone calls and she was forced to work long hours.  She reported the events but nothing came of it and in addition, she suffered a miscarriage.  Her final statement was that she did not want to stay in the Army.

The applicant’s mental and physical separation physical is missing from her record.

On 28 July 1986, the appropriate authority approved her request and directed the issuance of a Discharge Certificate Under Other Than Honorable Conditions.

On 15 August 1986, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a discharge UOTHC.  She had completed 2 years, 4 months and 19 days of creditable active service and she had 60 days of lost time.  She was given a reentry code of RE-3, 3B and 3C.

Army Regulation 635-200 sets forth the basic authority of the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200 are assigned and RE-3.

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4 of Army Regulation 601-210 (RA and Army Reserve Enlistment Program).  Therefore, since enlistment criteria does change, and since you have the right to apply for a waiver, it is suggested that you periodically visit your local recruiting station to determine if you should apply for a waiver.

RE-3B applies to persons who have time lost through AWOL or confinement and RE-3C applies to persons not qualified for continued Army service, due to grade and service requirements.

On 9 October 1992, the Army Discharge Review Board denied the applicant’s request for a change in the character and/or reason for discharge.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant was discharged and assigned reentry codes in accordance with regulation then in effect.

3.  There is no basis for removal of the RE codes from the applicant’s record.  The disqualification upon which the code was based, however, can be waived for reenlistment purposes.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fne___  __tbr___  __dph___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001065948	
SUFFIX		
RECON		
DATE BOARDED	20020305	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.