RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 February 2005
      DOCKET NUMBER:   AR2004104052


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Ms. Susan A. Powers               |     |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, in effect, that his reentry eligibility (RE)
code be changed to a RE code of RE-1 so that it is consistent with an
honorable discharge (HD).

2.  The applicant states no additional contentions.

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

CONSIDERATION OF EVIDENCE:

1.  On 28 May 1998, the applicant enlisted in the Regular Army (RA) for 4
years and training in military occupational specialty (MOS) 12B (Combat
Engineer).  He completed the required training and was awarded MOS 12B.

2.  On 22 May 2001, while assigned to Fort Leonard Wood, Missouri, the
applicant voluntarily extended his 4-year enlistment in the RA for an
additional
16 months to meet the participation requirements for the bear program, MOS
11B.  His new expiration of term of service (ETS) date was 27 September
2003.

3.  Between November 2001 and February 2003, general counseling forms show
the applicant was counseled on numerous occasions for various reasons, to
include:  indebtedness, lack of accountability, irresponsibility, ways to
improve his physical fitness capabilities, missing formation,
unsatisfactory performance and conduct, and his lack of potential for
leadership positions and advancement.

4.  On 15 January 2003, the applicant's commander officially notified him
that he was being recommended for discharge under the provisions of chapter
13, Army Regulation 635-200 for unsatisfactory performance with an
honorable discharge (HD).  He was informed that the basis for the
contemplated separation action was his "inefficiencies and unlikely
potential for advancement or leadership."  He was also informed of the
rights available to him.  On the same date, the applicant consulted with
legal counsel, acknowledged notification, and declined to submit a
statement in his own behalf.  He was not entitled to a personal appearance
before an administrative separation board.

5.  On 21 January 2003, the appropriate authority approved the separation
recommendation and directed the issuance of a HD.

6.  On 11 February 2003, the applicant was separated for unsatisfactory
performance under the provisions of chapter 13, Army Regulation 635-200
with a HD.  His DD Form 214 shows that he had completed a total of 4 years,

6 months and 14 days of creditable service.  He was assigned a separation
code of "LHJ" and a RE code of RE-3.

7.  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 enlisting and
processing into the RA and the eligibility for prior service applicants for
enlistment.  That chapter includes a list of Armed Forces RE codes and RA
RE codes.  Certain persons who have received nonjudicial punishment are so
disqualified, as are persons with bars to reenlistment, and those
discharged under the provisions of chapters 9, 10, 13, and 14 of Army
Regulation 635-200.

8.  A code of RE-3 applies to persons not qualified for continued Army
service, but the disqualification is waivable.

9.  A separation code of "LHJ" applies to RA soldiers separated for
unsatisfactory performance under the provisions of chapter 13, Army
Regulation 635-200.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was discharged under the
provisions of chapter 13, Army Regulation 635-200, due to unsatisfactory
performance and assigned a Separation Code of "LHJ" and an RE-code of RE-3.
These codes apply to persons not qualified for continued Army service, but
the disqualification is waivable as determined by enlistment officials and
the needs of the Army.

2.  The applicant's overall service record was taken into consideration and
he was separated with an HD; however, this has no bearing on his RE-code.
The RE-code was assigned based on his unsatisfactory performance.

3.  In view of the circumstances in this case, both the assigned RE code
and the separation code were, and still are, appropriate as shown on the
applicant's DD Form 214.  The applicant has submitted no evidence that
these codes are in error or should be changed.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __slp___  __sap___  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.


                 Margaret K. Patterson
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004104052                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050208                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19980528                                |
|DISCHARGE AUTHORITY     |AR635-200, Chap 13                      |
|DISCHARGE REASON        |A49.00                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.4900                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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