| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Thomas E. O'Shaughnessy | Member |
APPLICANT REQUESTS: In effect, that the reason for his discharge for entry level status (ELS) Performance and Conduct be changed to a more favorable reason. In addition, he requests that his reentry (RE) code be upgraded to a code which would allow him to reenlist.
APPLICANT STATES: When he was being processed for discharge, he was told that he could have a new discharge and RE code in the future.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 5 September 1984.
While in initial entry training, he accepted nonjudicial punishment on one occasion for dereliction of duty. He was counseled on ten occasions for failing tests, failing to follow instructions, failing to pay attention to detail, failing to make his bunk, failing to display footgear, being asleep on fire guard, being out of uniform, sleeping in class, lack of self discipline, lack of motivation, and lack of responsibility.
On 16 November 1984, the applicant was given a mental status evaluation and was psychiatrically cleared.
On 26 November 1984, the applicant’s commander notified him of his intent to recommend his separation due to his lack of motivation and proper attitude, his inability to follow instructions, and his inability to pass tests. His commander also provided him with the rights he had in conjunction with that recommendation. The applicant waived all of his rights.
The applicant’s commander then forwarded a recommendation to discharge the applicant. That recommendation was approved by the appropriate authority and the applicant was given a discharge for ELS Performance and Conduct on 5 December 1984.
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 ELS 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 uncharacterized separation is mandatory under this chapter.
Army Regulation 601-210, table 3-6, lists the various RE codes and describes the reason(s) a soldier is assigned a particular code. The code of RE-1 is assigned to individuals who complete an initial term of active service and who were fully qualified to reenlist when last separated. The code of RE-2 is assigned to individuals who were separated before completing a contracted period of service whose reenlistment is not contemplated. Individuals who are assigned a code of RE-2 are fully qualified to reenlist without a waiver. The code of 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 and applicable law and regulations, it is concluded:
1. The applicant’s record of accepting nonjudicial punishment and being counseled on ten occasions clearly meets the criteria for separation due to ELS Performance and Conduct.
2. The applicant does not allege that there was any error or injustice in his separation process, nor is any error or injustice evident to the Board.
3. Contrary to the applicant’s contention, there is no automatic or “on demand” change in a veteran’s reason for discharge or RE code. To warrant a correction of military records, it must be shown that an error or injustice exists in the contested record.
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
____mkp_ ___wtm__ ___teo __ DENY APPLICATION
| CASE ID | AR2003086319 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030729 |
| 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. | A29.00 |
| 2. | 100.03 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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