MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 November 2002                  
	DOCKET NUMBER:   AR2002075701

	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. Samuel A. Crumpler		Chairperson	
	Mr. Roger W. Able 		Member	
	Mr. Hubert O. Fry		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 discharge under other than honorable conditions be upgraded to an honorable discharge.

APPLICANT STATES:  In effect, that there was no reasonable reason for his discharge.  His separation document shows a reenlistment code (RE-code) of RE-3B.  He contends that RE-3B indicates pregnancy or parenthood.  In support of his application, the applicant submits a copy of his court-martial conviction, copies of his DA Form 2-1 (Personnel Qualification Record), and a list of RE-codes and their meanings.

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

The applicant enlisted in the Regular Army on 5 January 1972.  He served as a Light Weapons Infantryman and was honorably discharged on 29 January 
1974 for the purpose of immediate reenlistment on 30 January 1974.

On 16 November 1977 the applicant was convicted by a summary court-martial of being absent without leave (AWOL) from 30 September to 28 October 1977.  He was sentenced to confinement at hard labor for 30 days and a forfeiture of 
$260.00 pay for 1 month.

On 31 December 1977 nonjudicial punishment was imposed against the applicant for being disrespectful in language to a superior non commissioned officer.  His punishment consisted of a forfeiture of 7 days base pay and 14 days restriction and extra duty.

The facts and circumstances surrounding the applicant's discharge are not present in the available records.  However, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicates that on 11 January 1978 he was discharged under other than honorable conditions under the provisions of Army Regulation 635-200 for misconduct (shirking).  He had served 3 years, 9 months and 21 days of total active service during this enlistment and he had 51 days of lost time due to AWOL and confinement.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unfitness, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.

Army Regulation 635-200, paragraph 3-7, provided that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.  Whenever there is doubt, it is to be resolved in favor of the individual.

Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under
honorable conditions may be issued only when the reason for the soldier's
separation specifically allows such characterization.

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 U.S. 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.  The regulation in effect at the time of the applicant's separation shows that RE- 3B applied to service members who had lost time during their last enlistment.

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 considered the applicant's request to upgrade his discharge from under other than honorable conditions.

2.  The Board reviewed the available records pertaining to the applicant's service, which included one summary court-martial conviction for 28 days of being absent without leave, 51 days of lost time, and one nonjudicial punishment for being disrespectful in language to a superior non commissioned officer.  

3.  Based on the applicant's record of indiscipline, the Board determined that his quality of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, the applicant did not meet the criteria for an honorable discharge.  The Board also determined the applicant's service was not satisfactory; therefore, he did not meet the criteria for a general discharge.

4.  The Board noted the applicant's contention that the RE-code 3B is incorrect because it indicates pregnancy or parenthood.  

5.  The Board also noted the list of reenlistment codes furnished by the applicant. However, these are RE-codes used by the Department of the Navy for Navy personnel and are not applicable to Army personnel.

6.  The Army regulation governing RE codes shows that RE-3B pertains to Army personnel with lost time.  Therefore, the applicant's RE-code of 3B is correct as currently constituted based on his 51 days of lost time.

7.  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.

8.  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

__SAC__  ____RWA  __HOF___  DENY APPLICATION

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

INDEX

CASE ID	AR2002075701	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/11/26	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1978/01/11	
DISCHARGE AUTHORITY	AR635-200, Chapter 13	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	A60.00	
ISSUES         1.		
2.	144.6000	
3.		
4.		
5.		
6.