MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            20 January 2000   
	DOCKET NUMBER:   AR1999026946

	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. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Gary F. Geraets		Member	
	Ms. Barbara J. Ellis		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:  Correction of appropriate military records to show a reentry (RE) code, which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications, which preclude reenlistment.

APPLICANT STATES:  He provides a copy of his DA Form 137 (Installation Clearance Record) as supporting documentation.

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

He enlisted in the Regular Army (RA) for 3 years on 9 January 1985.  He completed his basic combat training at Fort Jackson, South Carolina, and his advanced individual training in military occupational specialty (MOS) 31C10, Single Channel Radio Operator at Fort Gordon, Georgia.  

On 8 April 1986, the applicant received a waiver for time in service, under the provisions of Chapter 7, Army Regulation AR 600-200, for promotion to the rank of specialist, pay grade E-4.

On 29 September 1987, he reenlisted in the RA for 3 years.  His enlistment option included a 12 month stabilization tour at Fort Ord, California.  On 5 July 1988, he was issued a letter of reprimand (LOR), by a brigadier general, the Assistant Division Command (Support), for the 7th infantry Division (Light).  This letter cited an instance of operating a motor vehicle, with a blood alcohol content of 23 percent on 13 May 1988.  The applicant acknowledged receipt of the LOR, and elected not to make a statement.  The Division Commander directed that the LOR be filed in his Official Military Personnel File (OPMF).

On 27 February 1989, he was assigned to Korea as a Radio Operator.  
On 21 February 1990, he returned to the United States and was assigned to Fort Hood, Texas, for duty.  

On 25 April 1991, the applicant was separated from active duty under the provisions of Army Regulation AR 635-200, chapter 4 by reason of ETS with an honorable discharge.  He had completed a total of 6 years, 3 months and 
18 days of creditable active service, in his two enlistments.  It is noted that the applicant was held 209 days past his normal ETS for National Security reasons. His pay grade at the time of separation was E-4.  He was assigned an RE Code of RE-3C in accordance with AR 601-280.  

He was awarded the Army Achievement Medal; two awards of the Good Conduct Medal; the National Defense Service Medal; the Overseas Service Ribbon; the Army Service Ribbon; and the Marksman Badge with Rifle Bar. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 of that regulation provides, in pertinent part, for the discharge or release from active duty upon termination of enlistment, and other periods of active duty or active duty for training.  A soldier separated upon ETS or fulfillment of service obligation will be awarded a character of service of honorable, unless the soldier is in entry level status and service is uncharacterized.

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 601-280 section VIII, paragraph 
2-22 covers eligibility criteria, policies, and procedures for soldiers, who must not exceed various retention control points (RCP) by more than 29 days before expiration of contracted service (that is, reenlistment or extension).  Soldiers in pay grade E-4, may not exceed 8 years and 29 days total service at the end of the contracted period of service.  Soldiers on a standing promotion list to the next higher rank will be considered under the RCP criteria for the higher rank.

Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the 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-3C applies to persons not qualified for continued Army service, due to grade and service requirements.

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's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

3.  The applicant had in excess of 6 years service at the time of separation in
April 1991.  As such, he was not eligible for reenlistment because of his RCP 
of 8 years for a solider in pay grade E-4.

4.  There is no evidence of record that he was on a standing list for promotion to pay grade E-5.

5.  There appears to be no basis for removal or waiver of the disqualification, which established the basis for the RE code.  The assigned RE code was and still is appropriate. 

6.  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

__RGH__  __GFG__  __BJE___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999026946	
SUFFIX		
RECON		
DATE BOARDED	2000/01/20	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1991/04/25	
DISCHARGE AUTHORITY	AR 635-200 CHAP 4	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A03.00	
2.	100.03	
3.		
4.		
5.		
6.