MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 February 2001
	DOCKET NUMBER:   AR2000042466

	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	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Ms. Shirley L. Powell 		Member	
	Mr. Harry B. Oberg 		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 of RE-3 be changed to an RE code of RE-1 on his DD Form 214, Certificate of Release or Discharge From Active Duty, so that he can enlist in the Air Force.

APPLICANT STATES:  That he left the Army to better himself through continuing his education; that he is currently in the Air National Guard; that he is trying to enlist in the Air Force; and that his RE code is holding him back.  The applicant submitted a copy of his college transcript to support his request for discharge.

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

He enlisted on 25 April 1986 for 3 years.  Following all required military training, he was awarded military occupational specialty (MOS) 11B, Infantryman, and was assigned to Germany.

On 5 March 1996, the applicant requested early separation under the provisions of paragraph 5-17, chapter 5, Army Regulation 635-200 to attend school.  He requested a discharge date of 20 August 1996.  On 7 March 1996, the appropriate authority approved the applicant’s request for separation.  Accordingly, on 20 August 1996, the applicant was discharged from the Army after completing 10 years, 3 months, and 26 days of creditable military service.  His DD Form 214 reflects the narrative reason for separation as “attend school,” with a separation code of KCF, and a RE code of RE-3.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5 of that regulation provides, in pertinent part, for the separation of personnel for the convenience of the government.  Paragraph 5-17 of that chapter provides for early separation to further education.  Soldiers may be discharged or released from active duty for the convenience of the Government, up to 90 days before ETS, expiration term of service, in order to attend a specific term at a college, university, vocational school or technical school.

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 included a list of armed forces RE codes.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

Army Regulation 635-5-1, Separation Program Designator (SPD) Codes, contains narrative reasons for discharge, the appropriate SPD codes for those narrative reasons, and a cross-reference to the applicable RE code.  Soldiers separated for the purpose of attending school are issued an RE code of RE-3.

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

2.  The Board carefully reviewed the applicant’s records and determined that his RE code of RE-3 is the appropriate code for his narrative reason for discharge.  Since it is a waivable disqualification, the applicant should request a waiver through the recruiter who is assisting him with enlistment in the Air Force.

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 this 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

__jh ____  __slp____  __hbo___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042466	
SUFFIX		
RECON		
DATE BOARDED	20010213	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19960820	
DISCHARGE AUTHORITY	AR 635-200, C5	
DISCHARGE REASON	144.	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.	
2.	144.	
3.		
4.		
5.		
6.