MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            8 March 2001                  
	DOCKET NUMBER:   AR2001051947

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. William D. Powers		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:  That his Reentry Eligibility (RE) Code be changed from RE-3 and 3C to RE-3.

APPLICANT STATES:  He was released from active duty due to family hardship and the sudden death of his father in March 1989.  Since that time, he states that he has served an additional 6 years in the Army Reserve and has currently signed a 3-year contract with the Navy Reserve.  He contends that the unfavorable code for reenlistment to active duty is inaccurate.  In support of his application, he submits a copy of his current active duty orders and a letter from his Congressman, dated 27 November 2000.

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

He enlisted in the Regular Army on 4 February 1987 for a period of 3 years.  He successfully completed basic and advanced individual training and served in Germany as a rifleman.  He was promoted to private first class on 4 January 1988.

A Personnel Action, dated 6 October 1988, reduced the applicant to pay grade 
E-1, with a date of rank of 24 June 1988, under the provisions of Army Regulation 600-200, chapter 6.  This document also shows he received an Article 15; however, the Article 15 is not in his records.

On 16 February 1989, the applicant was separated under the provisions of Army Regulation 635-200, chapter 6, for hardship.

Records show he was separated in pay grade E-2 with an honorable discharge and was issued RE Codes 3 and 3C.

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. 

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

RE-3C applies to persons who have completed more than 4 months service who do not meet the basic eligibility pay grade requirements of chapter 2, Army Regulation 601-280, or who have been denied reenlistment under the Qualitative Retention Process according to chapter 10, Army Regulation 601-280.

Army Regulation 601-280, in effect at the time, governed the Army Retention Program for enlisted soldiers.  In pertinent part, the regulation prescribed retention control points (RCP).  The RCP required that a soldier must be at a certain rank at specific years of service in order to reenlist without a waiver.  The regulation, in effect at the time, stated that soldiers in the rank of E-2 and below, regardless of years of service, were not authorized to reenlist.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The applicant was separated under the provisions of Army Regulation 635-200, chapter 6, for hardship and assigned a reentry code of RE-3 in accordance with regulations then in effect.

2.  The applicant was in pay grade E-2 at the time of his separation and as a result, was not eligible to reenlist.  Therefore, the RE Code of 3C is correct as currently constituted and there is no basis to change his RE Code.

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

RWA_____  BJL_____  WDP_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001051947	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010308	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19890216	
DISCHARGE AUTHORITY	AR635-200,chapter 6	
DISCHARGE REASON	Hardship	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.