MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           06 January 1999
	DOCKET NUMBER:   AC98-12352
                                              AR1998014250

	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.	Thomas D. Howard, Jr.		Chairperson	
	Ms.	Luther L. Santiful		Member	
	Mr.	Curtis W. Barbee		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-3 to RE-1.

APPLICANT STATES:  That he wants to maintain a connection with  the Army reserve but cannot do so unless his RE code is changed to 1. 

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

He enlisted in the Army, as a specialist (E-4), on 14 February 1992 for 4 years and 14 weeks.  He successfully completed his initial training, to include basic airborne school, and was assigned to Fort Carson, Colorado for duty as an infantryman (11B).

On 7 December 1993 the applicant’s commander initiated a Bar to Reenlistment Certificate citing the applicant’s five recent counselings for lack of motivation and failure to perform.

On 14 March 1994 the applicant voluntarily requested to be discharged from the Army under the provisions of Army Regulation 635-200, paragraph 16-5b, citing that he perceived it unlikely that he would be able to overcome the local bar to reenlistment.  He agreed to an early separation, asking for a release date of 10 April 1994.

On 25 March 1994 the separation action was approved by the appropriate authority.

Accordingly, on 10 April 1994 the applicant was honorably discharged by reason of a locally imposed bar to reenlistment.  He completed 2 years, 1 month and 27 days of creditable active service.

The applicant’s DD Form 214 shows a reentry code RE-3.

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-3 applies to persons who do not meet basic reentry criteria at time of separation.  The disqualification is waivable.  Individuals who are barred from reenlistment by their local commanders must have a waiver to reenter the Army.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 of that regulation provides for selected changes in service obligations.  Paragraph 16-5b provides that soldiers with a locally imposed bar to reenlistment may request immediate separation if they perceive that they will be unable to overcome such bar.

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 voluntary request for separation under the provisions of Army Regulation 635-200, paragraph 16-5b, due to a locally imposed bar to reenlistment, was administratively correct and in conformance with applicable regulations.  The bar to reenlistment warranted assignment of an RE-3 code.

2.  The RE code is correct and was applied in accordance with applicable regulations.

3.  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.

4.  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

___X_____  ____X____  ___X_____  DENY APPLICATION

						Loren G. Harrell
						Director