MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 August 2000
	DOCKET NUMBER:   AR2000042852

	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. McKim-Spilker.		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Joe R. Schroeder		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 (i.e., block # 27) on his DD Form 214 (Certificate of Release or Discharge From Active Duty) be changed from “RE-3C” to “RE-1” in order to facilitate his enlistment in the United States (US) Navy.

APPLICANT STATES:  In effect, that he accepted an “early out” in order to attend college; that the narrative reason for separation on his DD Form 214 (i.e., block #28) does not match the assigned RE code; that he subsequently enlisted in the US Army National Guard and returned to the Active Army in 1995; that he now wishes to enlist in the Navy and is unable to do so because of the RE-3C code on his DD Form 214 for the period of service ending 31 July 1992.

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

On 26 July 1989 he enlisted in the Regular Army (RA) for a period of 4 years unassigned.  

The applicant’s record is void of any facts and circumstances regarding the period of service under review and the nature of his administrative separation. However, the applicant’s record does contain a properly constituted DD Form 214 that was authenticated by the applicant.  This document indicates that he was honorably discharged under the provisions of AR 635-200, paragraph 16-8, by reason of “Convenience of the Government – FY 92 Early Transition Program.”  He was assigned Separation Program Designator (SPD) Code of “LCC,” and RE Code 3C.

The DD 214 also shows that at the time of separation he served in the grade of private first class/E-3, and that he was in receipt of the Army Service Ribbon, the Southwest Asia Service Medal with 2nd Bronze Service Star, the Kuwait Liberation Medal, and the Expert Infantryman Badge.  He was credited with
3 years and 5 days active military service.

Army Regulation 635-200 sets forth the basic authority for the administrative separation of enlisted personnel.  Paragraph 16-8 contains the policy and outlines the procedures for separating individuals due to reduction in force, strength limitations, or budgetary constraints.  The service of enlisted personnel separated under this paragraph will be characterized as honorable, except for soldiers in entry level status whose service will be uncharacterized. 

AR 635-5-1 (Separation Program Designator (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), AR 635-5 (Separation Documents) establishes the proper reentry codes to assign to soldiers separating from the Army.

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 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-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  RE-3C applies to persons who have completed more than 4 months service who do not meet the basic eligibility pay grade requirements of chapter 2, AR 601-280, or whose period of enlistment plus the total active federal service exceeds the number of years by grade as outlined in Headquarters, Department of the Army message, subject:  Prior Service Enlistment Processing FY92, dated 4 October 1991.  A private first class/E-3 may not exceed 3 years active federal service.

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 record is void of facts and circumstances concerning events that led to a discharge from the Army.  The Board noted that the applicant’s record contains a properly constituted DD Form 214 that was authenticated by the applicant.  This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process.

2.  The applicant was assigned the appropriate SPD code based on the regulatory guidance for soldiers separating under the provisions of AR 635-200, chapter 16 for the FY 92 Early Transition Program.  Additionally, RE Code 3C was the properly assigned RE code for an individual whose period of enlistment exceeded the total active federal service by grade.    

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

___sac__  ___kyf___  ___jrs___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042852	
SUFFIX		
RECON		
DATE BOARDED	200000831	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19920731	
DISCHARGE AUTHORITY	AR 635-200 C16-8	
DISCHARGE REASON	Convenience of Government 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 	144.0700.0000	
2. 	144.9221.0000	
3. 	144.0100.0000	
4.		
5.		
6.