MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 April 2001    
	DOCKET NUMBER:   AR2001052271

	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:

	Mr. John N. Slone		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Barbara J. Ellis		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-3C to RE-1A.

APPLICANT STATES:  In effect, that his RE code for his honorable discharge on 23 December 1988 should be changed because he was experiencing marital problems at the time of his separation.  Since his discharge, he has gotten a divorce, completed a two year degree and now wants to reenlist in the Army or Air Force of the Pennsylvania National Guard.  In support of his application, he submits a copy of a DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 23 May 1980; a DD Form 214 with an effective date of 23 December 1983; a DD Form 215 (Correction to DD Form 214) issued on 28 June 1984; a copy of his divorce decree granted on 29 May 1984; a copy of his resume; a copy of his Associate Degree in Applied Science in the specialty of Occupational Therapy Assistant dated 21 May 1988; and a copy of his Occupational Therapy Assistant license issued on 18 August 1999.     

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

The applicant enlisted on 25 May 1976 for a period of 4 years.  He served as a firefighter and was honorably released in the rank of specialist four on 23 May 1980 and was issued a RE code of RE-1A.

The applicant entered active duty again on 18 October 1983 for a period of 
3 years. 

The applicant was counseled on 29 November 1983 for personal problems and attitude.  He was counseled on 18 December 1983 for lack of motivation and poor attitude.

On 21 December 1983 the applicant was notified of his pending separation under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  The company commander recommended separation with a general discharge and based his recommendation for separation on the applicant’s inability to become a satisfactory soldier.

The applicant consulted with counsel and elected not to submit a statement in his own behalf.  Consequently, the commander submitted the recommendation to the appropriate separation authority.

On 21 December 1983 the separation authority approved the recommendation for discharge and directed that the applicant be issued an honorable discharge.

Accordingly, the applicant was honorably discharged on 23 December 1983 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance and issued a RE code of RE-3.  He had served 4 years, 2 months and 5 days of total active service, but only 2 months and 6 days on his current enlistment.   

A DD Form 215 was issued on 28 June 1984 amending the applicant’s RE code to “RE-3, RE-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 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-1A in effect at the time of the applicant’s separation applied to persons with over 6 years of service for pay (over 4 years service for pay if separated on or after 15 August 1978).  The RE code indicated the soldier was fully qualified for reenlistment, but was ineligible to enlist within 93 days after date of separation.   

RE-3 applies to persons not qualified for reentry or continuous service at time of separation, but 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, 14, and 16 of Army Regulation 635-200.   

RE-3C applies to persons who have completed over 4 months service who do meet the basic eligibility pay grade requirement of chapter 2, Army Regulation 601-280, or who have been denied reenlistment under the Qualitative Retention Process according to chapter 4, Army Regulation 600-200.  The RE code indicates that the soldier is ineligible for enlistment unless a waiver is granted.

DSCUSSION:  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 was properly discharged on 23 December 1983 in accordance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The RE codes used in the applicant’s case are correct and were applied in accordance with the applicable regulations. 

3.  The applicant has failed to show through the evidence submitted or the evidence of record that the RE codes issued to him were in error or unjust.

4.  The Board considered the applicant’s contention that he needs his RE code changed to allow him to reenlist in the Pennsylvania Army or Air Force National Guard.  However, RE-3 and RE-3C are waivable for the purpose of reenlistment.

5.  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.

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

JNS_____  CLG____  BJE_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001052271	
SUFFIX		
RECON		
DATE BOARDED	20010419	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19831223	
DISCHARGE AUTHORITY	AR 635-200 Chapter 13	
DISCHARGE REASON	Unsatisfactory performance	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.