MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  3 October 2000
	DOCKET NUMBER:  AR2000045469

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Raymond J. Wagner		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 records be corrected to show that he completed his full term of service and that his Reentry Eligibility (RE) Code be changed to allow reentry.

APPLICANT STATES: That he was discharged from the Army and his records were mishandled and ruined.  Because his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 4 March 2000, indicates he did not complete his first full term of service, the Army will not release the wages earned. Further, he is being hampered from enlisting into any of the other three services because of his RE Code.  He provides copies of his enlistment documents and a DD Form 214.

EVIDENCE OF RECORD: The applicant's official military records were not provided.  Information herein was obtained from alternate sources and from the applicant.

During the periods 16 May to 18 July 1995 and 19 June to 30 August 1996, he served on initial active duty for training as a member of the Army Reserve.  He completed his required training and was awarded military occupational specialty (MOS) 75C (Personnel Action Specialist).  He was advanced to the rank of private first class, pay grade E-3, effective 1 June 1996.

On 15 October 1996, he enlisted in the Regular Army for 4 years, in pay grade  E-3 and MOS 75C.

On 4 March 2000, he was honorably released from active duty, in pay grade E-4, under Army Regulation 635-200, chapter 5-18, based on a physical condition, not a disability.  His separation document indicates he had 3 years, 9 months and     5 days of creditable service.  He was assigned a RE Code of 3. 

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 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.

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 evidence of record shows he enlisted for a period of 4 years; however, he was separated 7 months and 11 days prior to completion of his term of service.  The entry on his DD Form 214 that he has not completed his first full term of service is neither error or unjust.

2.  His assigned RE Code is correct based on his separation prior to the expiration of his term of service.  He has not shown otherwise. 

3.  The Board notes the issuance of an RE3 code does not prohibit the reentry of a soldier.  That code may be waived by recruiting personnel.  There is no indication that the applicant made such a request.

4.  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.

5.  The Board also notes the applicant’s contentions that he is due unpaid wages; however, there is no evidence to support his claim.  The applicant is advised that pay problems not resolved at the time of his separation should be addressed to the Director, Defense Finance and Accounting Service – Denver, ATTN: DFAS-DE/FYCC, 670 East Irvington Place, Denver, Colorado 80279-7000.

6.  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

__js___  __rd____  __rw____ DENY APPLICATION

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

INDEX

CASE ID	AR2000045469	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001003	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.110	Discharge	
2.110	RE Code	
3.		
4.		
5.		
6.