MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           10 November 1998
	DOCKET NUMBER:   AC98-11079

	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.  The following members, a quorum, were present:

	Mr.	Calvin M. Fowler		Chairperson	
	Ms.	Irene E. Wheelwright		Member	
	Ms.	Margaret K. Patterson		Member	

	Also present, without vote, were:

	Mr.	Loren G. Harrell		Director	
	Mr.	Michael L. Engle		Analyst	

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

	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:  That his reentry (RE) code be changed from RE-4 to RE-3 or better.

APPLICANT STATES:  That he wants to enlist in the USAR but cannot until his RE code is changed to RE-3 or better.  He contends that the medical condition which existed at the time of his separation no longer exists and he is now physically fit for entry into the armed services.  In support of his application he provides copies of his separation documents (DD Form 214) and a copy of his physical examination.

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

He enlisted in the Army on 19 April 1983 for 3 years.  He successfully completed his initial training and served in a series of assignments both in the United States and overseas.  He attained the rank of specialist four and was released from active duty on 18 April 1986 by reason of expiration term of service

The applicant served in the USAR from 19 April 1986 to 12 January 1988.  On 13 January 1988 he again enlisted in the Army for 4 years.  He completed advanced individual training as a wire system operator (36M) and was assigned for duty to the Federal Republic of Germany.  He attained the rank of sergeant on 1 December 1990.

On 1 October 1992 a physical evaluation board found him physically unfit under the provisions of Army Regulation 635-40 and recommended that he be discharged with a 10 percent disability rating.  He was authorized disability severance pay.

Accordingly, the applicant was honorably discharged from the Army on 12 November 1992 by reason of physical disability with severance pay.  He completed 7 years and 10 months of creditable active service.  

The applicant’s DD Form 214 shows an RE-4 code.

Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the 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-4 applies to persons separated from their last period of service with a non-waivable disqualification.

That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.  Applicants who have correct RE codes will be processed for a waiver at their request if otherwise qualified and waiver is authorized.  No requirement to change an RE code exists to qualify for enlistment.

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.  The applicant’s separation under the provisions of Army Regulation 635-40 was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights

2.  At the time of his discharge the applicant was found to be physically unfit for military service.  Accordingly, an RE 4 code was assigned to reflect his disability.

3.  The applicant’s contention that since he is now physically fit for service the RE code should be changed to allow him to enlist, is without merit.  The RE code properly reflects the applicant’s reentry eligibility at the time of his separation.

4.  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.

5.  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

__CMF___  __IEW___  ___MKP__  DENY APPLICATION

						Loren G. Harrell
						Director