MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:            19 April 2000
	DOCKET NUMBER:   AR1999021214

	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.

	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Elzey J. Arledge Jr.		Member	
	Mr. Van B. Cunningham		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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a separation code and a reentry eligibility (RE) code which will allow reenlistment.  

APPLICANT STATES:  That his wife’s health condition is not a good reason to keep him from reenlisting and serving his country.  He was separated with an honorable discharge, but feels that he is being punished in that he is not eligible to reenlist.

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

The applicant served honorably in the US Air Force in an active duty status from 
17 August 1981 through 16 August 1985.  He served in the US Air Force Reserve from 17 August 1985-16 August 1993.  He served in the Arizona Army National Guard from 29 July 1997-21 September 1997.

On 22 September 1997, he enlisted in the Regular Army (RA).  Neither his enlistment contract nor the specific facts and circumstances surrounding his discharge are contained in the available records.  However, his DD Form 
214 (Certificate of Release or Discharge from Active Duty) shows that he was honorably discharged on 20 May 1998, under the provisions of chapter 6, Army Regulation 635-200, by reason of hardship.  Further, the DD Form 214 shows that he had completed 6 years, 9 months and 29 days on the enlistment under review.  He was assigned a separation code of “KDB,” which denotes a hardship discharge and a reentry eligibility code of RE-3.  The applicant was available and authenticated his DD Form 214 with his own signature.

The DD Form 214, issued to the applicant on 20 May 1998, Item 12a (Date Entered AD This Period) erroneously shows 22 July 1991.  The correct date that he entered active duty for this period was actually 22 September 1997.  

Item 12c (Net Active Service This Period) erroneously shows 6 years, 9 months and 29 days when in fact his net service for this period equals 7 months and 
29 days.

Item 12d (Total Prior Active Service) should show 4 years, 7 months and 
29 days.

Item 12e (Total Prior Inactive Service) equals 3 months and 23 days.

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 enlisting and processing into the RA and the eligibility for prior service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes and RA RE codes. 

RE-3 applies to persons not qualified for continued Army service, however, the disqualification is waivable. 

Title 10, United States Code, Section 1552, provides the basis for the Secretary of the Army and this Board to correct military records.  Pertinent parts of that law provides that the Secretary of the Army corrects military records when it is found necessary by the Board to correct an error or to remove an injustice.  Corrections to military records may be made only if the correction is favorable to the person concerned.

The record indicates the ADRB found the applicant’s discharge to be proper and equitable on 15 September 1999.  The Board noted that it was not within the purview of the ADRB to change the RE code.

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 was separated from the RA and assigned a separation code of KDB and an RE code of RE-3 in accordance with regulations then in effect.  These codes are still appropriate.

3.  Further, the applicant should work with his local recruiting office to determine his eligibility to reenlist in the RA with a waiver.  The applicant is advised to submit convincing evidence that the hardship condition he faced in May 1998 has now been overcome.  Local recruiting personnel are able to determine if a former service soldier currently meets the needs of the service.  They have the responsibility for determining whether an individual otherwise meets the current enlistment criteria.  They are also required to process a request for waiver.  There is no evidence that the applicant has ever requested such a waiver.

4.	The service computation errors in item 12c on the applicant’s DD Form 
214 are noted.  Since changes to this section would take away active duty service credit, which would be an adverse action and since Federal statute precludes taking adverse actions to correct military records, the Board declined to take corrective action on his DD Form 214.

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

__jph___  __eja____  __vbc___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999021214	
SUFFIX		
RECON		
DATE BOARDED	20000419	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR635-200, Chapter 6	
DISCHARGE REASON	Hardship	
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1.	112.1000	
2.		
3.		
4.		
5.		
6.