MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  15 May 2003
	DOCKET NUMBER:  AR2002079807

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Thomas A. Pagan		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:  That his Reentry (RE) Code "3" be changed to       RE "1A."

APPLICANT STATES:  That he was required to perform the Army Physical Fitness Test (APFT) while sick and was unable to perform to military standards.  He is now healthy and desires to enlist in the United States Air Force (USAF).

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 4 August 1999, as a Bradley Crewmember.

On 21 May and 11 September 2001, the applicant was counseled for failure of two consecutive APFTs.

On 29 November 2001, the applicant’s commander initiated action to separate 
him from the service under the provisions of AR 635-200, chapter 13, for unsatisfactory performance.  After consulting with counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.

On 8 December 2001, the commander submitted his recommendation to separate the applicant under the provisions of AR 635-200, chapter 13, for unsatisfactory performance.  The commander’s recommendation was based on his failure of two consecutive APFTs. 

On 14 December 2001, the separation authority approved the recommendation for discharge and directed that he be furnished a General Discharge Certificate.  The applicant was discharged on 18 January 2002.  He had a total of 2 years,
5 months, and 15 days of creditable service.  He was issued an RE Code of     RE "3."

Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  Chapter 13 of this regulation provides for separation due to unsatisfactory performance when in the commander’s judgment the individual will not become a satisfactory soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the
basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely.  Paragraph 13-2(e) states that initiation of separation proceedings is required for soldiers without medical limitations who have two consecutive failures of APFT.  Service of soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions.

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 nonjudical punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of Chapter 9, 10, 13, 14, and 16 of Army Regulation 635-200.  RE-1A applies to soldiers separated prior to the effective date of this regulation.  

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.  The Board notes that the RE Code of "3" is consistent with the basis for his separation and in this case finds no basis to correct the existing code.

2.  The type of discharge directed and the reasons for that separation were appropriate considering all of the facts of the case.

3.  The applicant has failed to show, through the evidence submitted with his application or the evidence of record, that his separation which resulted in his receiving an RE Code of RE "3" was in error or unjust.

4.  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.

5.  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

__ao____  __ra____  ___tp___  DENY APPLICATION

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

INDEX

CASE ID	AR2002079807	
SUFFIX		
RECON		
DATE BOARDED	20030515	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	20020118	
DISCHARGE AUTHORITY	AR 635-200 CHAP, 13	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	4	
2.		
3.		
4.		
5.		
6.