PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:             26 August 1998                 
	DOCKET NUMBER:     AC98-10046

	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.  The following members, a quorum, were present:

	Mr.	Calvin M. Fowler		Chairperson	
	Mr.	John N. Stone		Member	
	Mr.	George D. Paxson		Member	

	Also present, without vote, were:

	Mr.	Loren G. Harrell		Director	
	Mr.	Joseph A. Adriance		Analyst	

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

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests in effect, that the Reentry (RE) code of 3 (ineligible for enlistment unless a waiver is granted) assigned to him upon his discharge from active duty be changed to an RE code of 1 (fully qualified for enlistment).

3.  The applicant states in effect, that discharge was undesirable because the RE code of 3 was assigned based on one isolated incident in 48 months of service; that since that time he has grown and matured; and that he was granted a waiver for his RE code in order to join the Michigan National Guard.

4.  The applicant’s military records show that he joined the Regular Army on 
28 August 1986 for 4 years at the age of 19.  

5.  While on active duty the applicant attained the rank of specialist/E-4 and earned the Army Service Ribbon, Good Conduct Medal, and the Overseas Service Ribbon.

6.  The applicant’s record contains a DD Form 214 (Certificate of Release or Discharge From Active Duty) which documents that he was released from active duty on 27 August 1990 by reason of expiration of term of service (ETS) with an honorable characterization of service.  The DD Form 214 also shows the separation program designator (SPD) code of LBK which signifies normal ETS and an RE code of 3.

7.  Specific facts and circumstances pertaining to why the applicant was assigned an RE code of 3 are not available in the applicant’s record; however, based on the guidance contained in Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5 (Separation Documents) the only way the applicant could have been given an RE code of 3 at normal ETS would have been if he were under a locally imposed bar to reenlistment.  While there is a lack of specific documentation pertaining to a bar to reenlistment, government regularity is assumed based on the properly constituted DD Form 214 contained in the record which was authenticated by the applicant.

8.  On 28 May 1991 a request was submitted, to the Adjutant General of Michigan, requesting the applicant’s RE code of 3 be waived in order for him to enter the Michigan National Guard (MNG).  On 16 July 1991 a waiver was granted and 31 July 1991 the applicant entered the MNG.  He is currently still a member of the MNG and has served honorably since his enlistment in 1991.

9.  The applicant applied to the Army Discharge Review Board (ADRB) requesting a change of his RE code.  On 19 August 1998 the ADRB determined that the case was not in their purview because the applicant had not requested a change to the reason for or the characterization of his separation.  The ADRB concurrent with this determination, referred the applicant’s case to this Board for resolution.  

CONCLUSIONS:

1.  Assuming government regularity in the preparation of the applicant’s separation documents the RE code of 3 assigned the applicant was valid at the time it was issued. 

2.  The waiver of RE code granted the applicant, in order for him to enlist in the MNG, in effect, constituted a change in his reenlistment eligibility status.  

3.  The Board determined the applicant’s generally acceptable conduct and duty performance while on active duty, the subsequent approval of his waiver of his reentry status by the MNG, and his excellent record of service in the MNG mitigate the reason (s) for assigning the initial RE code of 3.  Therefore, the Board concludes, in the interest of equity, that a change in RE code is warranted.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing an RE code of 1 in block 27 of the DD Form 214 of the individual concerned; and by issuing the individual concerned a DD Form 215 documenting the correction.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON