MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            10 March 1999
	DOCKET NUMBER:   AR1999019715

	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:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Kenneth Wright		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: That his Reentry (RE) Code 3 be change to RE-1.

APPLICANT STATES:  In effect, that he did not understand the consequences of signing a Declination of Continued Service Statement (DCSS).  He also stated that he was not aware that a DCSS would give him an RE code of RE-3 on his
DD Form 214 (Certificate of Release or Discharge from Active Duty).  In support of his application, he submits a copy of his DD Form 214, a copy of his DCSS, and copies of several awards, certificates, evaluation reports and letters of appreciation.

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

The applicant entered active duty on 8 March 1988 and reenlisted on 26 September 1991.  He completed basic and advanced individual training as a chemical operations specialist.

On 28 November 1994, the applicant was alerted for overseas assignment to Alaska.  However, he failed to take the necessary action to reenlist or extend 
to meet the incurred service remaining obligations under the provisions of chapter 3, AR 601-280 and opted to sign a DCSS.  

On 3 May 1995, the applicant submitted a request to be discharged prior to his expiration of term of service (ETS) under the provisions of Army Regulation 
635-200, paragraph 16-5, due to a locally imposed bar to reenlistment.

The applicant was discharged on 1 October 1995 under the provisions of
AR 635-200, paragraph 16-5(b) due to a locally imposed bar to reenlistment.
He had completed 7 years, 6 months, and 24 days of creditable service and was issued an RE code of “3”.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligation.  Paragraph 16-5(b) applies to personnel who were denied reenlistment and provided that if they received a locally imposed bar to reenlistment, and were unable to overcome the bar, they may apply for
immediate separation.

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-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapter 9, 10, 13, 14, and 16 of Army Regulation 635-200.

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

1.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

3. 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.

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

FKM____  MW_____  KW_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999019715	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990310	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.