MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           14 April 1999                   
	DOCKET NUMBER:   AR1999019038

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas B. Redfern, III 		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 4 be changed to a more favorable code.

APPLICANT STATES:  In effect, that his RE code of RE-4 is incorrect.

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

The applicant entered active duty on 9 June 1987 and continued to serve until he was honorably discharged on 9 September 1990 for immediate reenlistment. He reenlisted on 10 September 1990.

He was discharged in the rank of corporal (pay grade E-4) 9 September 1993 under the provisions of AR 635-200, chapter 4, at his scheduled expiration of term of service (ETS).  He had completed 6 years, 3 months, and 1 day of creditable service.  His DD Form 214 shows his RE code is “4”.

There is no evidence in the available records that shows the applicant appeared before the Enlisted Promotion Board for consideration for promotion to E-5 or had attained recommended list status.

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-4 applies to persons separated from last period of service with a non-waivable disqualification and includes persons being separated with a Department of the Army Bar to Reenlistment in effect.

Army Regulation 601-280 serves as the authority for the Total Army Retention Program.  It outlines the procedures and criteria for immediate reenlistment of soldiers serving on active duty.  It states, in pertinent part, that soldiers who have attained local order of merit or official DA promotion list status, will be considered for reenlistment under the Retention Control Point (RCP) for the rank to which they will be promoted.  It also states that soldiers in the rank of corporal/specialist (CPL/SPC) who are not on the order of merit promotion list for promotion to the rank of SGT may not be granted waiver for the purpose of reenlistment.  However, soldiers who incur a DA imposed service remaining obligation may, if otherwise qualified, be extended for the least time needed to fulfill the service remaining requirement, provided total service at new ETS will not exceed 8 years and 29 days.

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 was separated and assigned a reentry code in accordance with regulations then in effect.

2.  The applicant has failed to show, through the evidence submitted with his application or the evidence of record that the RE code issued to him was incorrect.

3.  Evidence of record shows that he would have exceeded his RCP had he reenlisted for 2 years or more and that he was not in a promotable status at the time of his discharge.  Therefore, he was ineligible for reenlistment.

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

KLW____  AAO____  TBR_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999019038	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990414	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19930909	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.100		
2.		
3.		
4.		
5.		
6.