MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 November 2000                   
	DOCKET NUMBER:   AR2000043381

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Martha E. Schuler		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, correction of appropriate military records to show a reentry eligibility (RE) code, which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications, which preclude reenlistment. 

APPLICANT STATES:  In effect, to change his reenlistment code from RE-3 to
RE-1.  He served honorably for 10 years and never had any disciplinary action. 

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

On 8 March 1984, the applicant enlisted in the Regular Army for 3 years. He completed basic combat training at Fort Knox, Kentucky and advanced individual training at Fort Lee, Virginia.  He was awarded military occupational specialty 77F (Petroleum Supply Specialist).  His service was continuous through extensions and reenlistments.  The highest pay grade he achieved was pay grade E-5.

On 5 March 1995, the applicant was honorably discharged, under the provisions of Army Regulation 635-200, chapter 4, Expiration Term of Service (ETS).  He completed 10 years, 11 months and 28 days of honorable military service.  His pay grade at the time of separation was E-5.  He was assigned a RE Code of 
RE-3, in accordance with AR601-280.

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 ETS 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.

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 601-280 section VIII, paragraph
2-22 covers eligibility criteria, policies, and procedures for soldiers, who must not
exceed various retention control points by more than 29 days before expiration of contracted service (that is, reenlistment or extension).  Soldiers in pay grade E-5 may not exceed 13 years and 29 days total service at the end of the contracted period of service.  Soldiers on a standing promotion list to the next higher rank will be considered under the retention control points (RCP) criteria for the higher rank.

RE-3 applies to persons not qualified for continued Army service, due to grade and service requirements, but the disqualification is waivable.  Certain persons 
who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters
9, 10, 13, and 14 of Army Regulation 635-200.

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 (RA and Army Reserve Enlistment Program).  Therefore, since enlistment criteria does change, and since you have the right to apply for a waiver, it is suggested that you periodically visit your local recruiting station to determine if you should apply for a waiver.

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 includes a list of armed forces RE codes,
including RA RE codes.

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

3.  The applicant at the time of discharge exceeded RCP by more than 29 days before expiration of his contracted service.  He was not qualified for continued military service, because of grade and service requirement he was therefore he was honorably discharged and appropriately given a reentry code of RE-3.

4.  There is no evidence in his military record that shows that he was on a standing list for promotion to pay grade E-6.

5.  There appears to be no basis for removal or waiver of those disqualification, which established the basis for the reentry code.  Therefore in view of the circumstances in this case, the assigned,  reentry was and still is appropriate.
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

__wtm___  __jea___  __mes___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043381	
SUFFIX		
RECON		
DATE BOARDED	20001116	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19950305	
DISCHARGE AUTHORITY	AR635-200, Chapter 4	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.