MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 April 2000
	DOCKET NUMBER:   AR1999028630

	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. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. James E. Anderholm		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 (RE) code of RE-3C be upgraded so he can enlist in the Air Force Reserve.

APPLICANT STATES:  That when he was discharged, he had no unfavorable actions against him; weight management, bar to reenlistment, etc.  His military records have nothing to justify a “3C” code which states he was denied or barred from reenlistment.

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

With over 5 years active service with the Air Force, he enlisted in the Army on 
20 January 1988 in pay grade E-4.  He was initially assigned overseas to Germany.  Upon completion of his overseas tour, the applicant was reassigned to Fort Irwin, California, where he served the remainder of his enlistment.

The applicant was honorably discharged on 19 January 1992 in pay grade E-4.  He had 9 years, 2 months and 18 days of creditable active service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was separated for expiration of term of service (ETS), and was given an RE code of 3C.

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, in effect at the time, covers eligibility criteria, policies and procedures for enlistment and processing into the Army.  Chapter 3 prescribes basic eligibility for prior service applicants for enlistment, and includes a list of armed forces RE codes.  RE-3C applies to individuals who are ineligible to reenter the Army unless a waiver is granted.

Chapter 4 of the above regulation lists waivable moral and administrative disqualifications for reentry in the Army.  Included in this chapter are persons with prior service who did not meet the basic eligibility pat grade requirements of Army Regulation 601-280, chapter 2.

Army Regulation 601-280, in effect at the time, prescribes criteria for the Total Army Retention Program and outlines procedures for immediate reenlistment or extension of enlistment for active duty soldiers.  Chapter 2 establishes retention control points (RCP), by rank, to qualify for reenlistment or extension of enlistment.  The RCP for grade E-4 is established at 8 years.  Soldiers who reach their RCP at ETS are ineligible to reenlist or extend their enlistment.  Waivers are not authorized.

The Total Army Personnel Command has advised in similar cases that RE codes may be changed only if they are determined to be administratively incorrect.

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 had gone beyond his retention control point of 8 years upon ETS and was therefore ineligible to reenlist.

2.  Since RE-3C is a waivable disqualification, the applicant should seek assistance from his local recruiter if he desires to enlist in the Air Force Reserve.

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

__jns___  __emw___  __jea____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028630	
SUFFIX		
RECON		
DATE BOARDED	20000406	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.06	
2.	142.00	
3.		
4.		
5.		
6.