MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           21 December 2000
	DOCKET NUMBER:   2000038901

	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. Walter Avery		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Ernest W. Lutz, 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 of RE-3 and separation program designator code (SPD) of LBK, be changed.

APPLICANT STATES: That he would like for his RE code to be upgraded from RE-3.  He made a foolish mistake when he was 21 years old and his career is still suffering from having the reentry code R-3 reflected on his DD Form 214 (Discharge Document).

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

He entered the Regular Army on 8 March 1984.  He completed training in military occupational specialty 77F (Petroleum Supply Specialist), achieved the rank of private first class, and served until his honorable discharge on 27 September 1971 under the provisions of Army Regulation 635-200, chapter 4, for expiration term of service, with a SPD code of LBK, and RE Code of “3”.

His awards include the Army Achievement Medal, the Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Badge with Grenade Bar, the Sharpshooter Badge with rifle bar, the Army Lapel Button, and the Southwest Asia Service Medal with two bronze service stars.

On 23 August 1991 the applicant was enrolled in the Alcohol and Drug Abuse Prevention and Control Program.  No other information concerning his enrollment or disposition was available.

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 expiration term of service 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.

Army Regulation 635-5-1 (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.  Table 2-3 (SPD/RE Code Cross-Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE Code 1, 1A or 1C as the proper reentry code to assign to soldiers separated under SPD code LBK with restrictions (such as soldiers with local bar to reenlistment).

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 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.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

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.  Unfortunately, the military records of the applicant that were available to the Board were incomplete.  The records available did not give sufficient detail of his military service and the circumstances that led to his discharge.  The Board could not determine the correctness of the items listed in the Special Additional Information section of the applicant’s DD Form 214.  In the absence of the necessary records, the Board must operate under the presumption of regularity.  This standard states, in effect, that in the absence of evidence to the contrary, the Board must presume that all actions taken by the military were proper.  There is nothing in the records or in the evidence submitted that overcomes this presumption.

2.  The applicant submitted no evidence or information to support his statement that his career was suffering from the SPD Code LBK and the RE-3 code on his DD Form 214.  It should be noted that the SPD code LBK is the correct code for an expiration term of service discharge and would not change even if the RE code were changed.  The applicant has also submitted no evidence or information of post service conduct and achievements to support his request to change his SPD and RE Code.

3.  Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4 of Army Regulation 601-210,
Regular Army and Army Reserve Enlistment Program.  Therefore, since enlistment criteria do change, the applicant has the right to apply for a waiver.  It is suggested that he periodically visit his local recruiting station to determine if he should apply for a waiver.

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

___kka __  ____gjw__  ___ewl__  DENY APPLICATION

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

INDEX

CASE ID	AR2000038901	
SUFFIX		
RECON		
DATE BOARDED	20001221	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR635-200, Chapter 4	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.