MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:.

	BOARD DATE:                              
	DOCKET NUMBER:   AC98-10706

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

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

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	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)

APPLICANT REQUESTS:  In effect that his reentry (RE) code be changed from 3C to 1J.

APPLICANT STATES:  In effect, that the RE code was assigned in error because administrative clerks were typing thousands of forms.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant initially entered the Regular Army on 9 June 1987 for a period of
3 years.  At the time of his initial enlistment in the Regular Army the applicant had completed 5 years and 11 months of active service in the United States Air Force; 2 years, 8 months, 15 days of inactive service in the Army National Guard; and 3 months and 14 days of inactive service in the Army Reserve.  He reenlisted for his second term in the Regular Army on 21 December 1990, for an additional 3 years, while assigned at Fort Kobbe, Panama.

The applicant’s military records show that he voluntarily requested separation by under the provisions of the FY 92 Early Transition Program and that this request was approved.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued the applicant at the time of separation documents the following:  Characterization of Service-Honorable; Narrative Reason for Separation-Convenience of the Government (FY92 Early Transition Program); Authority for Separation-Paragraph 16-8, AR 635-200; Pay Grade-E-4; Total Active Service-10 years, 7 months, and 4 days; Separation Program Designator (SPD) Code-JCC; and Reentry Code-3C.

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.  RE-3C applies to persons who have completed more than 4 months service who do not meet the basic eligibility pay grade requirements (RCP) of chapter 2, Army Regulation 601-280. 

AR 601-280 (Total Army Retention Program), in effect at the time,  prescribed the eligibility criteria and options available in the Army Reenlistment Program.  Chapter 2 of that regulation provided the qualifications for immediate reenlistment and the grade and service requirements for reenlistment.  Retention control points (RCP) for all enlisted pay grades in the Army were contained in the chapter.  The RCP for soldiers in the pay grade of E-4 was 8 years.
AR 635-5-1, in effect at the time, prescribed the specific authorities, pertaining to the reasons for separation of members from active military service and the SPD code to used for these stated reasons.  The SPD code identified for the reason of the applicant’s separation was JCC.  Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5 (Separation Documents), in effect at the time, identified the proper RE code to assign based on the SPD code issued.  The table provided specific steps to follow in order to determine the proper RE code assignment.  Step 5 established RE-3C for soldiers separating who failed to meet grade and service (RCP) criteria.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

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

2.  The applicant was separated and assigned a reentry code in accordance with regulations then in effect and the assigned reentry eligibility code was appropriate; in addition, the Board found no basis for removal or waiver of the disqualification which established the basis for the reentry code assigned.

3.  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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director