MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 October 2000
	DOCKET NUMBER:   AR2000041964

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms Melinda M. Darby 		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Arthur A. Omartian		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 located on his DD Form 214. Certificate of Release or Discharge From Active Duty, be changed from RE-3C to RE-3A or RE-3B.

APPLICANT STATES:  That he has a "clean" service record; that he is a veteran of Operation Desert Storm; and that he wishes to continue on active duty.

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

He enlisted in the Regular Army for 2 years and 14 weeks on 1 August 1990.  Following One-Stop Unit Training (OSUT) at Fort Benning, Georgia, he was assigned to an infantry unit in Germany with duty in MOS (military occupational specialty) 11M, fighting vehicle infantryman.

From 25 December 1990 through 5 May 1991, the applicant was deployed with his unit to Southwest Asia for Operation Desert Shield/Storm.  Upon his unit's redeployment to Germany, he was permanently reassigned to Fort Polk, Louisiana.

At Fort Polk, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for failing to go to morning formation on 22 October 1992.  He was reduced from private first class (E-3) to private (E-2), made to forfeit $205.00 (suspended), and given 7 days' extra duty.

On 6 November 1992, the applicant was honorably discharged upon expiration of his term of service.  He had 2 years, 3 months, and 6 days of creditable service and no lost time.  His rank at separation was private (E-2).

Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program, prescribes eligibility criteria governing the enlistment of persons, with or without prior service (PS), into the Regular Army (RA) and the U.S. Army Reserve (USAR).   It states, in pertinent part, that a soldier in the grade of E-2 is ineligible to reenlist with more than 1 year of prior service.  It also provides 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.  Chapter 3 includes a list of armed forces RE codes, including RA RE codes.  A code of RE-3C applies to persons who have completed more than 4 months service who do not meet the basic eligibility pay grade requirements for reenlistment.

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 was reduced from E-3 to E-2 as a result of NJP action in October 1992.  When he separated in November 1992, he had more than 2 years of service and was in pay grade E-2.

3.  Army Regulation 601-210 mandates that soldiers who have completed more than 4 months service and do not meet the basic eligibility pay grade requirements for reenlistment will be given an RE-3C code.

4.  The applicant's DD Form 214 is correct; there is no error or injustice in the assignment of his RE code.

5.  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

___aao__  __wdp___  __mmd__  DENY APPLICATION

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

INDEX

CASE ID	AR2000041964	
SUFFIX		
RECON		
DATE BOARDED	20001026	
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.