MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            1 February 2001                  
	DOCKET NUMBER:   AR2000043592

	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:

	Mr. Luther L. Santiful 		Chairperson	
	Mr. James E. Anderholm 		Member	
	Ms. Barbara J. Lutz 		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, that his reentry eligibility (RE) code be changed from RE-3 to RE-1.

APPLICANT STATES:  In effect, that he wants his RE code changed in order to enlist in the Air Force.  He believes that the hardship condition that resulted in his separation was caused by recruiter misstatements.  

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

The applicant enlisted in the Regular Army for 4 years on 3 April 1990.  He enlisted for the Training of Choice Enlistment Option 52D10, Power Generator Repairman.  After basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 52D10.

On 30 November 1990, the applicant requested release from active duty due to extenuating hardship circumstances under the provisions of paragraph 6-3b, chapter 6, Army Regulation 635-200.  He stated that due to the family’s financial, wife’s medical, and son’s disciplinary problems, he could not fulfill his service obligations without neglecting his family.  

On 3 December 1990, the appropriate authority approved the applicant’s request for a hardship separation with an honorable discharge.  Accordingly, on 4 December 1990, the applicant was discharged after completing 8 months and 2 days of creditable military service.  His DD Form 214 reflects the narrative reason for separation as hardship, with a separation code of KDB, and a RE code of RE-3.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 6 of that regulation provides, in pertinent part, for the separation of personnel because of genuine dependency or hardship. An application for such separation will be approved when a service member can substantiate that his situation or his immediate family's situation has been aggravated to an excessive degree since enlistment, that the condition is not temporary, and that discharge will improve the situation.

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 hardship 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 that 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.

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

__lls____  __jea____  __bjl ____  DENY APPLICATION

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

INDEX

CASE ID	AR2000043592	
SUFFIX		
RECON		
DATE BOARDED	200101	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19901204	
DISCHARGE AUTHORITY	AR 635-200, C6	
DISCHARGE REASON	Hardship	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DASA	
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.