MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            8 September 1999
	DOCKET NUMBER:    AR1999023489

	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. Karen L. Wolff		Member	
	Mr. Orville W. Troesch, Jr.		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 changed to RE-1.

APPLICANT STATES:  In effect, that he was released from active duty early due to due to family hardship and was issued an RE Code of RE 3.  He also states that his family situation has since improved and that he now desires to reenter the US Army; however, he is unable to reenter due to his RE Code of RE 3.
In support of his application he submits several character references.

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

The applicant enlisted in the USAR for a period of 8 years on 1 April 1993.  He was ordered to active duty for training (ADT) on 7 May 1993 and was released from ADT on 3 September 1993 and returned to the control of the USAR.  On 1 November 1993 he was ordered to active duty (AD).

Beginning in June 1994, the applicant began receiving numerous counseling statements and nonjudicial punishment for instances of failure to follow instructions, failure of his Army Physical Readiness Test (APRT), failure to be at his appointed place of duty and for fraud.  The applicant was barred from reenlistment on 24 May 1994 for the aforementioned offenses.

On 14 December 1994, 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 27 January 1995 under the provisions of
AR 635-200, paragraph 16-5(b) due to a locally imposed bar to reenlistment.
He had completed 1 year, 2 months, and 27 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 nor 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.

RE-1 applies to persons completing their term of service who are considered qualified to reenter the US Army.

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 administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

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.  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

FKM____  KLW_____  OWT___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023489	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990908	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	199501276	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	102/re code	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.102 re code		
2.		
3.		
4.		
5.		
6.