| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Ms. Deborah S. Jacobs | Member | |
| Mr. Ronald E. Blakely | Member |
APPLICANT REQUESTS: That her character of service be corrected from uncharacterized to general, under honorable conditions, and her reentry (RE) code be changed to allow her to reenter the Army immediately.
APPLICANT STATES: No statement was submitted.
EVIDENCE OF RECORD: The applicant's military records show:
She enlisted in the Reserve for 8 years, in pay grade E-1, on 21 April 2000.
She entered on active duty on 12 June 2000.
On 8 August 2000, she was notified by her commander of proposed separation action under the provisions of Army Regulation 635-200, chapter 11, entry-level status performance and conduct. Her commander states that this action was initiated because of the applicant’s lack of self-discipline.
She was advised of her rights and impact of this discharge action through counsel. She elected not to submit a statement in her own behalf.
On 17 August 2000, she was discharged under the provisions of Army Regulation 635-200, chapter 11, entry-level performance and conduct. She was credited with 2 months 6 days net active service. Her character of service was shown as “Uncharacterized.” She was assigned a code of RE-3.
On 7 December 2001, the Army Discharge Review Board (ADRB) denied her request for change and/or reason of her discharge.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 of that regulation provides for the separation of personnel in an entry level status for unsatisfactory performance or conduct as evidenced by inability, lack of reasonable effort or a failure to adapt to the military environment. These provisions apply only to individuals whose separation processing is started within 180 days of entry into active duty. An uncharac-
terized separation is mandatory under this chapter.
Paragraph 3-9 of the regulation specifies that soldiers who are within the first 180 days of their enlistments when separation processing is started will normally receive an uncharactized entry-level separation. The only authorized exceptions are in those cases where an under other than honorable conditions discharge is authorized and or warranted or when the Secretary of the Army determines on a
case by case basis that an honorable discharge is warranted by unusual circumstances involving the individual's personal conduct and performance of duty. However, such honorable discharges may be applied only in cases involving changes in service obligation, convenience of the Government and secretarial plenary authority.
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.
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 view of the circumstances in this case, the applicant is not entitled to correction to the character and/or reason of her discharge and a change to her RE code. She has not shown error, injustice, or inequity for the relief she now requests.
2. The Board notes that the applicant has submitted neither probative evidence nor a convincing argument in support of the request. In the absence of evidence to the contrary, it is presumed that the character of the discharge is commensurate with her overall record and she was appropriately assigned a code of RE-3.
3. The Board also notes that there is no basis for removal of the code or of the disqualification, which established the basis for the code. She was properly discharged in accordance with pertinent regulations, with due process.
4. The Board further notes the applicant may apply for an enlistment waiver at her nearest recruiting office.
5. 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.
6. 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
_dsj____ _gdp____ __reb___ DENY APPLICATION
| CASE ID | AR2001063424 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020326 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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