MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             12 August 1999
	DOCKET NUMBER:    AR1999023278

	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	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James M. Alward		Member	
	Ms. Meta Waller		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 eligibility (RE) code be upgraded.

APPLICANT STATES:  In effect, that he is considering returning back into military service and needs his RE code changed in order to do that.

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

There are no available records on the applicant; however, there is a properly constituted DD Form 214 (Certificate of Release or Discharge From Active Duty) which documents that the applicant initially entered the Regular Army on 
10 January 1990 at the age of 19, and served continuously until his discharge on 29 June 1997.  

The DD Form 214 also shows that the applicant had completed one year of foreign service; and earned the Army Achievement Medal, the Army Good Conduct Medal, the Humanitarian Service Medal, the Overseas Service Ribbon, and the Parachutist Badge.

There are no facts and circumstances surrounding the applicant’s separation on file.  However, there is a properly constituted DD Form 214 issued to and authenticated by the applicant which documents the following facts:  Character of Service-Honorable; Authority for Separation-Paragraph 4-24b (3), AR 635-40; Narrative Reason for Separation-Disability, Severance Pay; Separation Program Designator (SPD) Code-JFL; and Reentry Eligibility (RE) Code-3.  

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.

AR 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of JFL was the appropriate code for the applicant based on the guidance provided in AR 635-5-1 for soldiers separating under the provisions of Paragraph 4-24b(3), AR 635-40, by reason of disability, severance pay.  Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5 (Separation Documents) establishes RE Code 3 as the proper reentry code to assign to soldiers separated for this reason.

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 facts and circumstances pertaining to the applicant's discharge are not on file.  However, the evidence of record does include a properly constituted 
DD Form 214 (Certificate of Release or Discharge From Active Duty), authenticated by the applicant.  This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process.  The Board found no evidence submitted by the applicant to overcome that presumption.

2.  The applicant was separated and assigned an RE code in accordance with applicable regulations, and the Board found no basis for its removal from the applicant's record.  However, the disqualification upon which the code was based may be waived for reenlistment purposes.  Recruiting personnel have the responsibility for determining if an applicant meets the current enlistment criteria. Therefore, since enlistment criteria does change, and since you have the right to apply for a waiver, it is suggested that you periodically visit your local recruiting station to determine if you should apply for a waiver.

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

__rvo ___  ___ja ___  __mw ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023278	
SUFFIX		
RECON		
DATE BOARDED	1999/08/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1997/06/29	
DISCHARGE AUTHORITY	AR 635-40 C4	
DISCHARGE REASON	A28.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  4	100.03	
2.  189	110.00	
3.		
4.		
5.		
6.