PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           15 February 2001                 
	DOCKET NUMBER:  AR000044643

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Antoinette Jones		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson 		Member	
	Mr. Melvin H. Meyer		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his reentry eligibility (RE) Code of RE-3 be changed to RE-1 in order to allow him to reenlist.  

3.  The applicant states in essence, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) incorrectly shows in item 27 that his RE Code is RE-3. The applicant contends that this code was entered in error during his “out processing”.  He further states that he would like to continue serving his country as a member of the Regular Army.  He therefore feels that his records should be corrected to show that he is eligible to reenlist with an RE Code of 
RE-1.  In support of his application, he submits a copy his DD Form 214, dated 
6 January 1996.

4.  The applicant’s military records are incomplete, however, evidence of record available indicates that he enlisted in the Army Reserve for 8 years on 
10 January 1990.  He apparently was trained in military occupation specialty (MOS) 31L10 and assigned to a Troop Program Unit in the Army Reserve (USAR).  

5.  On 7 January 1992, he entered the Regular Army (RA) for a period 4 years of active duty.  He performed duties in MOS 31L. 

6.  On 6 January 1996, the applicant was separated from active duty under the provisions of Army Regulation AR 635-200, chapter 4, by reason of completion of required active service, with an honorable discharge.  He had completed a
total of 3 years, 11 months and 29 days of creditable active service and had
1 year, 11 months and 27 days of prior USAR duty.  His record shows no lost
time.  The highest pay grade he attained was E-4.  He was assigned an RE Code of RE-3.  

7.  Upon separation, the applicant was transferred to the Individual Ready Reserve (IRR).  On 7 June 1996, the applicant enlisted in the Illinois Army National Guard (ARNG) for 1 year and 28 weeks, which was the time required for the completion of his remaining service obligation.  He was honorably discharged on 9 January 1998, and assigned an RE Code of RE-1.  He was credited with 
1 year, 7 months and 3 days of ARNG service.  

8.  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.  

9.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have lost time or are separated for cause, such as misconduct or unsatisfactory performance will be assigned an RE-3.

10.  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 an enlistment and/or other periods of active duty or active duty for training. 

11.  Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  It indicates that “release from active duty” with an HD, and an assigned separation code MBK uses an RE Code of RE-1, when the authority is AR 635-200, chapter 4.

CONCLUSIONS:

1.  The Board has carefully reviewed the applicant’s records and finds no basis for assignment of an RE-3 in this case.  The applicant had no lost time, no recorded indisciplines and received the Good Conduct Medal while serving for 
4 years on active duty.

2.  Further, the applicant was enlisted in the ARNG after his service on active duty.  A waiver of the RE-3 would have been required.

3.  Therefore, since there is no basis for assigning an RE Code of RE-3 at the time of his separation from active duty on 6 January 1996, he should have been assigned an RE Code of RE-1.

4.  This change will thereby permit him to apply for reenlistment in the RA provided he is otherwise morally qualified for reenlistment and meets the needs of the service.

5.  In view of the foregoing the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, (Correction to DD Form 214), to show that item 27 of the DD Form 214 issued to him on 6 January
1996 to read RE-1 instead of RE-3.

BOARD VOTE:  

__fne___  __mkp____  _mhm __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn___
		        CHAIRPERSON

INDEX

CASE ID	AR200044643	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010215	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19960101	
DISCHARGE AUTHORITY	AR .635-200 	
DISCHARGE REASON	Chapter 4	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	A100.03	
2.	A100.06	
3.		
4.		
5.		
6.