MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 March 2003
	DOCKET NUMBER:   AR2002080310

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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 her reentry (RE) code be changed from RE code 3 to RE code 1.

APPLICANT STATES:  That she really wants to serve her country.  She states that she could not meet minimum standards of the Army Physical Fitness Test (APFT) because she could not run due to breathing problems.  She states that she did not discover the reason for her lack of energy until she was being evaluated during her chapter 13 separation physical.  She now believes that her being slightly anemic contributed to her lack of energy and her inability to meet APFT standards and would like to be given another chance to serve in the Army.

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

She enlisted in the Regular Army on 7 August 2001 for a period of 4 years.  

On 7 February 2002, the applicant failed a record AFPT.  She was tested again on 7 March 2002 and again failed the AFPT.  The unit commander initiated separation proceedings under the provisions of chapter 13, Army Regulation 635-200 for unsatisfactory performance with a general discharge.  The appropriate authority approved the discharge with an honorable discharge.  Accordingly, on 26 July 2002 the applicant was discharged after completing 11 months and 20 days of creditable military service.  Her DD Form 214 (Certificate of Release or Discharge From Active Duty) reflects "unsatisfactory performance" as the narrative reason for discharge, with a separation code of JHJ, and an RE code of RE-3.

On 26 July 2002, the applicant applied to the Army Discharge Review Board (ADRB) for a change in her RE code.  The request was not within the purview of the ADRB and it was forwarded to this Board for review.

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 unsatisfactory performance, 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. 

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.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.
Army Regulation 635-5-1, Separation Program Designator (SPD) Codes, contains narrative reasons for discharge, the appropriate SPD codes for those narrative reasons, and a cross-reference to the applicable RE code.  Soldiers separated for the purpose of unsatisfactory performance are issued an RE code of RE-3.

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 applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize her rights.  

2.  The Board carefully reviewed the applicant's records and determined that her RE code of RE-3 is the appropriate code for her narrative reason for discharge.

3.  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.

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

__jns___  __mhm___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2002080310	
SUFFIX		
RECON		
DATE BOARDED	20030325	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	20020726	
DISCHARGE AUTHORITY	AR 635-200, chapter 13	
DISCHARGE REASON	A49.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	r	
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.