RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           15 JULY 2004
      DOCKET NUMBER:   AR2003097458


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Roger Able                    |     |Chairperson          |
|     |Mr. James Anderholm               |     |Member               |
|     |Ms. Marla Troup                   |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her Reentry (RE) Code be changed from RE-3
to RE-1.

2.  The applicant states she was told that she would be able to “enlist
immediately after improving [her] physical conditioning if [she] accepted
the discharge they offered.”  She states that explanation was not correct.
She states that she would like her RE Code changed now so that she can
pursue the career in the Army which she started over a year ago.

3.  The applicant provides no evidence in support of her request.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant entered
active duty on 25 February 2003.  Her enlistment contract notes that she
acknowledged, by her initials, the requirement to be able to meet certain
physical fitness standards to enter basic training.

2.  Shortly after her arrival at Fort Jackson, South Carolina, the
applicant began receiving counseling statements regarding her inability to
pass the APFT (Army Physical Fitness Test).  A 30 June 2003 counseling
statement notes that the applicant had been assigned to a fitness training
company for 4 weeks and had been administered the APFT on at least four
occasions without success.  The counseling statement, which the applicant
acknowledged, indicated that the applicant was being recommended for
separation and that “an early separation…may preclude you from reenlisting
in any of the Armed Forces.”

3.  On 2 July 2003 the applicant acknowledged receipt of her commander’s
recommendation that she be administratively discharged under the provisions
of Army Regulation 635-200, Chapter 11 (Entry Level Performance and
Conduct), for repeated failure of the APFT.  In her response to the
proposed separation she acknowledged that she understood she “will be
ineligible to apply for enlisted in the United States Army for a period of
two years after discharge.”

4.  The commander’s recommendation was approved and on 14 July 2003 the
applicant was discharged.  Her service was uncharacterized and she received
an RE Code of “3.”

5.  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, as a result of
entry level performance or conduct, who cannot or will not adapt socially,
emotionally, or physically to military life.  These provisions apply only
to individuals whose separation processing is started within 180 days of
entry into active duty.

6.  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 United States Army Reserve.
Chapter 3 of that regulation prescribed 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 who were not
considered fully qualified for reentry or continuous service at the time of
separation, including those discharged for entry level performance and
conduct.

7.  Army Regulation 601-210 states that a waiver is required for any
applicant who was separated or discharged from any component of the United
States Armed Forces for entry level performance or conduct.  Waivers may
not be submitted until a 2-year period has elapsed since separation or
discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant acknowledged, as part of her
separation processing, that she would be precluded from enlisting in the
Army for a period of 2 years.

2.  The applicant's administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors, which would tend to jeopardize her rights.  The fact that she may
be precluded from returning to military service at this time does not serve
as justification to change her RE Code nor serve as evidence of any error
or injustice in the assigned code.

3.  The Board notes that the applicant's RE Code is consistent with the
reason for her discharge and in this case finds no basis to correct the
existing code.

4.  In order to justify correction of a military record the applicant must
show that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RA ___  __JA____  __MT ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            ____ _Roger Able_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003097458                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040715                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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