MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 February 2001                   
	DOCKET NUMBER:   AR2000047994

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Ms. Shirley Powell 		Member	
	Mr. Harry B. Oberg 		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 (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to reflect a more favorable RE code that will allow him to reenlist in the Armed Forces.

APPLICANT STATES:  In effect, that there is no error with his assigned RE code; however, he wants to join the Armed Forces and serve his country again.  In support of his application, he submits a copy of his DD Form 214.

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

The applicant enlisted on 16 September 1971 and remained on active duty through continuous reenlistments.  He served as a cook in Korea and Germany and was promoted to sergeant on 26 February 1978.

On 11 July 1984 the Department of the Army E8 Selection Board determined that the applicant should be barred from reenlistment under the Qualitative Management Program (QMP).  The basis for the determination was five enlisted evaluation reports covering the periods September 1980 through January 1984.  Review of these reports indicate the applicant displayed deficiencies and/or weaknesses in performance qualities and leadership skills.  His duty performance was described as “below standards” and “marginal”, his military bearing, personal appearance and initiative were described as “very poor” and he failed the push-up portion of a physical fitness test in 1983.   

DA Form 4941R (Statement of Options), dated 29 October 1984, shows the applicant indicated that he would submit an appeal to his bar to reenlistment under the QMP.  However, the appeal is not contained in the available records.     
The applicant was honorably released from active duty on 15 April 1986 under the provisions of Army Regulation 635-200, chapter 4, for completion of required service.  He was issued a RE code of RE-3C.  He had served 14 years and
7 months of total active service.  

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 expiration of enlistment 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 601-210 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the USAR.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes.
   
RE-3C applies to soldiers separated prior to the effective date of this regulation, but did not meet reentry criteria at the time of separation.

RE-4 indicates that a person is not qualified for continued Army service by virtue of being separated from the service with a nonwaivable disqualification such as a Department of the Army imposed bar to reenlistment.

Under Title 10, United States Code, Section 1552 as practiced by the Army Board for Correction of Military Records (ABCMR), the mandate to correct an error or injustice refers to matters adversely affecting the applicant’s position.    
Traditionally, the ABCMR has declined to remove an entitlement which has been extended erroneously to applicants by other Army agencies.  This position is consistent with the policy of encouraging applicants to apply to the ABCMR without review of matters unrelated to those raised by the applicant.    

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 which would tend to jeopardize his rights.

2.  The type discharge directed and the reasons for separation were appropriate considering all the facts of the case. 

3.  The Board considered the applicant’s contention that there is no error with his assigned RE code.  However, at the time of the applicant’s separation from the service he was incorrectly issued an RE code of RE-3C.  Chapter 3 of Army Regulation 601-210 indicates that a person not qualified for continued Army service by virtue of being separated from the service with a nonwaivable disqualification such as a Department of the Army imposed bar to reenlistment will be assigned a RE code of RE-4, not RE-3C.  Since the RE code of RE-4 is more unfavorable than RE-3C and the ABCMR declines to remove an entitlement it determined has been extended erroneously to applicants by other Army agencies, there is no basis to change his RE code to RE-4.

4.  The applicant has failed to show through the evidence submitted or the evidence of record sufficient justification for upgrading his RE code. 

5.  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

JH____  SP______  HBO_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000047994	
SUFFIX		
RECON		
DATE BOARDED	20010213	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19860415	
DISCHARGE AUTHORITY	AR 635-200 Chapter 4  	
DISCHARGE REASON	Completion of required service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.