MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            4 November 1998                  
	DOCKET NUMBER:   AC98-11260

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Thomas N. Kuhn		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, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

APPLICANT STATES:  He believes his reentry eligibility code of RE-3B is unjust because he was a good soldier.  He needs it changed so he can enlist in the    U. S. Army Reserve.

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

He was born on 29 August 1958.  On 11 January 1977, he enlisted in the Regular Army for 3 years.  

The applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice on three occasions.

The applicant departed absent without leave (AWOL) on two occasions for a total of five days.

On 17 September 1978, the appropriate commander approved the applicant’s separation under the provisions of Army Regulation 635-200, Chapter 13 for unsuitability based upon apathy, defective attitudes and inability to expend effort constructively.

The applicant was honorably discharged on 22 September 1978, in pay grade  E-3, with a reentry code of RE-3B.  He had completed 1 year, 8 months and       7 days of creditable active service and had 5 days of lost time.  

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 U.S. 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-3B applied to persons who had lost time during their last period of service.  They were ineligible for enlistment unless a waiver is granted.  

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of Chapter 4, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program.  Since enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver.

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 had five days of lost time during that period of service.  The reentry eligibility code of RE-3B was and still is appropriate.  He should periodically visit his local recruiting station to determine if enlistment criteria had changed, making him eligible to receive a waiver.

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

JEV    LLS      TNK    DENY APPLICATION

                                Loren G. Harrell
					 	Director