RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         02 SEPTEMBER 2004
      DOCKET NUMBER:  AR2004101336


      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. Walter Morrison               |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Mr. Ronald Weaver                 |     |Member               |

      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 his RE (Reentry) Code be changed from RE-3
to RE-1 to permit him to return to military service.

2.  The applicant states that he does not believe his conduct was so bad
while in the military and that his RE Code may be unjust.  He states that
he has matured and that he believes he can succeed if given another
opportunity.

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

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant entered
active duty on 2 August 2001.  He was a 19-year-old high school graduate at
the time of enlistment, and had a GT (general technical) score of 104.

2.  In February 2002, while undergoing training at Fort Huachuca, Arizona,
the applicant was punished under Article 15 of the Uniform Code of Military
Justice for failing to go to his place of duty, disobeying orders, wearing
unauthorized insignia, and providing false information when questioned
about his rank insignia. In March 2002 he was again punished under Article
15 of the Uniform Code of Military Justice for failing to obey a lawful
order.

3.  Between November 2001 and April 2002 the applicant was counseled on
nine separate occasions for a variety of infractions, including lack of
effort toward course completion and failure to turn in homework
assignments, not being at his place of duty, failing to obey orders,
wearing insignia of an E-3 when he was an E-1, and not following unit
directives and operating procedures.

4.  A mental status evaluation, completed on 27 March 2002, found the
applicant fully alert and oriented, that his thought process was clear and
normal, and that he was mentally responsible.

5.  In May 2002 the applicant’s unit commander initiated action to
administratively separate the applicant from active duty for unsatisfactory
performance under the provisions of Army Regulation 635-200, Chapter 13.
The commander cited the applicant’s numerous infractions while at Fort
Huachuca and indicated that he was recommending that the applicant receive
a general discharge.  The applicant



acknowledged receipt of the proposed separation, including that he
understood that he would be ineligible to apply for enlistment in the
United States Army for a period of 2 years after discharge.

6.  The commander’s recommendation was approved and on 5 June 2002 the
applicant was discharged under honorable conditions.  The basis for his
separation was unsatisfactory performance.  He received an RE Code of “3”
and a separation code of “JHJ.”

7.  Army Regulation 635-200, Chapter 13, states that a Soldier may be
separated per this chapter when it is determined that he or she is
unqualified for further military service because of unsatisfactory
performance.  Unsatisfactory performance includes Soldiers who, in their
commander's judgment, will not develop sufficiently to participate
satisfactorily in further training and/or become a satisfactory Soldier;
the Soldier's retention would have an adverse impact on military
discipline, good order, and morale; it is likely that the Soldier will be a
disruptive influence in present or future duty assignments; it is likely
that the circumstances forming the basis for initiation of separation
proceedings will continue or recur; or the ability of the Soldier to
perform duties effectively in the future, including potential for
advancement or leadership, is unlikely.  The service of Soldiers separated
because of unsatisfactory performance will be characterized as honorable or
under honorable conditions as warranted by their military record.

8.  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.

9.  RE-3 applies to individuals who were not considered fully qualified for
reentry or continuous service at the time of separation, including those
separated for unsatisfactory performance, but the disqualification is
waivable.

10.  Additionally, Army Regulation 635-5-1 states that separation codes are
three-character alphabetic combinations, which identify reasons for, and
types of separation from active duty.  The primary purpose of separation
codes is to



provide statistical accounting of reasons for separation.  They are
intended exclusively for the internal use of Department of Defense and the
military services to assist in the collection and analysis of separation
data.  It notes that “JHJ” is the appropriate code for individuals
separated for unsatisfactory performance.  A “cross-reference” chart,
provided by officials from the separations branch at the United States Army
Human Resources Command-Alexandria, confirms that “RE-3” is the appropriate
RE Code for individuals who receive a separation code of JHJ.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated from active duty for unsatisfactory
performance and as such received a separation code of JHJ and a RE Code of
3.  The RE Code was proper, based on the circumstances of his separation.
There is no evidence of error or injustice.

2.  His contention that his conduct was not so bad as to warrant precluding
his return to military service, or that he is now mature enough to be
successful in the military, is not a basis to change a correctly assigned
RE Code.

3.  The applicant’s RE Code does not preclude returning to military
service, but does require a waiver.  The disqualification upon which the RE-
3 code was based may be waived for enlistment purposes.  The applicant is
advised that if he desires to enlist, he should contact a local recruiter
who can best advise him on his eligibility for returning to military
service.  Those individuals can best advise a former service member as to
the needs of the service at the time and may process enlistment waivers for
both the applicant’s RE Code and his reason for separation.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WM__  ___WP__  ___RW__  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.





                                  ____Walter Morrison______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004101336                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040902                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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