MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           12 December 2000                  
	DOCKET NUMBER:   AR2000045437

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Harry B. Oberg		Member	
	Ms. Lana E. McGlynn		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 (RE) code be changed from RE-2B to RE-1A

APPLICANT STATES: That he was separated with a clean record for the convenience of the government and did not take severance pay.  He is currently in the Air Force Reserve and the RE-2B code prevented him from going onto active duty with the Air Force.

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

He enlisted in the Regular Army on 27 March 1986 serving continuously until his separation.  He was separated on 30 June 1992 under the provisions of Army Regulation 635-200, chapter 4, for the convenience of the government – FY92 Early Transition Program.  He was given the separation code of LCC and RE-2B.

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 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.  A RE-2B code applies to persons qualified for enlistment, provided reason and authority does not preclude enlistment or require a waiver.  Applicant may not enlist until 93 days after separation if otherwise qualified.  Otherwise qualified pertains to meeting standards set for height/weight, age, grade, moral etc.. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 covers discharges for reason of expiration of a soldier’s term of service.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-8 applies to soldiers who are separated due to a voluntary or involuntary reduction in force.

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, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program. 

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 was granted an early release under the Fiscal Year 92, Early Transition Program.  The appropriate RE code for such a release was RE-2B.  A RE-2B code allows those prior service members who are otherwise qualified to reenlist.  However, each service makes its own determination on who qualifies for reenlistment.  The Air Force is not bound by the Army’s standards. 

3.  Since enlistment criteria do change, the applicant should periodically visit his local recruiting station to determine if he should apply.

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

__fne____  ___hbo _  ___lem___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045437	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES 1.  	100.03	
2.		
3.		
4.		
5.		
6.