MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 June 2000                  
	DOCKET NUMBER:   AR1999025558

	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. Carl W. S. Chun		Director	
	Mr. Leland A. Edwards		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning  		Chairperson	
	Mr. Walter T. Morrison 		Member	
	Mr. Curtis L. Greenway 		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 eligibility (RE) code be changed from RE-3 to RE-1.

APPLICANT STATES:  That he was separated due to a reduction in force and should not have received an RE-3 code.  He adds that he is considering reenlistment and requires the RE code change.  He provides a copy of his DD Form 214, Certificate of Release or Discharge From Active Duty.

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

He enlisted in the Regular Army for 4 years on 31 August 1984.  On 14 March 1988, he reenlisted for 5 years.  In September 1988, he was reassigned from Fort Bragg, North Carolina to Germany.

In November 1991, the applicant submitted DA Form 4187, Personnel Action, requesting that he be separated on 31 July 1992 prior to his Expiration Term of Service (ETS) date of 13 August 1993 [Note:  Documents in the applicant’s service records reflect his ETS date as 13 March 1993.  Although not found in the record, it is possible that the applicant extended his enlistment by 5 months to 13 August 1993].  The request was approved and the applicant was honorably discharged on 31 July 1992 with 7 years and 11 months of creditable service.

The applicant’s DD Form 214 reflects that he was separated under the provisions of Army Regulation 635-200, chapter 4, for the convenience of the government.  He was given an separation code of JCC (reduction in force) and an RE code of RE-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.   An RE-3 code applies to persons not qualified for continued Army service, but the disqualification is waivable.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 covers discharges for reason of expiration of a soldier’s term of service.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-8 applies to soldiers who are separated due to a voluntary or involuntary reduction in force.

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 this requirement.

2.  The applicant sought early release from his service commitment and was granted an early release under the reduction in force program which occurred following Operation Desert Storm.  The appropriate RE code for such a release is RE-3.  A code of RE-3, not eligible to reenlist, is waivable.  The applicant should consult with his local Army recruiter in order to request a waiver.

3.  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.

NOTE:  The Army Review Board Agency—St. Louis is requested to issue the applicant a DD Form 215, Correction to DD Form 214, to correct:  Block 25 from “AR 635-200  Chp 4” to “AR 635-200  Para 16-8;” and Block 28 from “For Convenience Of The Government” to “Reduction in Force.”

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_mdm___  __wtm __  __clg____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999025558	
SUFFIX		
RECON		
DATE BOARDED	20000622	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES        1.	100.0300	
2.		
3.		
4.		
5.		
6.