MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 April 2001     
	DOCKET NUMBER:   AR2001053273

	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. Roger W. Able		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman		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 her reentry (RE) code be changed from RE-3 to RE-1.  

APPLICANT STATES:  In effect, that prior to her release from active duty to attend school, she was not informed that she would be penalized for not finishing her initial enlistment.  She contends that had she known she would be penalized for furthering her education, she would have waited the additional three months to finish her initial enlistment.  She is currently a junior and an honor student attending Austin Peay State University with hopes of graduating in 2002 with a degree in Political Science.  She joined the Air National Guard and next year she will apply for Officer Candidate School with the Air Force; however, with a RE-3 code she can never again go active duty.  In support of her application, she submits a letter of explanation dated 25 January 2001 and a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty).   

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

The applicant enlisted on 12 January 1995 for a period of 4 years.  She served as a motor transport operator and was honorably discharged under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-17, to attend school on 14 October 1998.  The applicant had served 3 years, 9 months and 
3 days of total active service and was issued a RE code of RE-3.

Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 of this regulation sets forth the requirements for early separation of enlisted personnel to further education.  The service of personnel separated under this paragraph will be characterized as honorable, under honorable conditions (a general discharge) or a characterized description of service if in entry level status.   

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-1 applies to persons completing an initial term of active service who were fully qualified when last separated.  

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 5, 9, 10, 13, 14, and 16 of Army Regulation 635-200.
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 was properly discharged in accordance with applicable regulations with no indication of any of the applicant’s rights.

2.  The RE code used in the applicant’s case is correct and was applied in accordance with the applicable regulations.

3.  The applicant has failed to show through the evidence submitted or the evidence of record sufficient justification for upgrading her RE code.  The applicant’s contention that she can “never again go active duty” is not valid.  
RE-3 is waivable.

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.  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____  RTD____  DPH____  DENY APPLICATION

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

INDEX

CASE ID	AR2001053273	
SUFFIX		
RECON		
DATE BOARDED	20010412	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19981014	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	To attend school	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.