MEMORANDUM OF CONSIDERATION

IN THE CASE OF:                  

	BOARD DATE:           28 August 2001
	DOCKET NUMBER:   AR2001053569

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman, Jr.		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 Item 27 (Reentry Eligibility (RE) Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show a code of RE-1 vice the code of RE-3 that is currently shown.

APPLICANT STATES:  In effect, that he wants his RE Code changed so that he will be eligible to enlist in the Air Force.  He states that he honorably served
3 years in the Army and he earned the Army Commendation Medal (ARCOM) and the Army Achievement Medal (AAM).  He had served only 19 months when he was promoted to pay grade E-4 with a waiver.  He was a great soldier and he was begged to reenlist.  He submits a copy of his DD Form 214 in support of his request.

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

That on 30 May 1997, he enlisted in the Regular Army (RA) for a period of 
3 years, training in military occupational specialty (MOS) 14R (Line of Sight-Forward Heavy Crewmember).  On 1 January 1999, he was promoted to specialist, pay grade E-4, which was the highest pay grade that he achieved.

On 21 November 1997, he was assigned to Fort Riley, Kansas.  He was absent without leave (AWOL) from 1-3 June 1997.  There is no evidence that indicates he committed any other offenses or that he was punished for this offense. 

On 1 June 2000, the applicant was honorably discharged under the provisions of chapter 4, Army Regulation 635-200 for expiration term of service.  His DD Form 214 shows that he had completed 2 years, 11 months and 29 days of creditable active service and he had 3 days of lost time due to being AWOL.  He was assigned a Separation Code of "LBK" and a Reenlistment Code of "RE-3." 

His DD Form 214 also show that he was awarded the Army Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar and the Army Lapel Button.  It does not show that he was awarded the ARCOM or the AAM.

A Department of the Army Certificate, dated 6 January 1999, shows the applicant was award the ARCOM for meritorious performance of duty while serving as a truck driver from 1-31 October 1998.

Under current standards, Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 
6 December 1941 distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  
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 of soldiers from active duty upon termination of enlistment and other periods of active duty or active duty for training.  Soldiers 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 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. That chapter includes a list of armed forces RE codes, including RA RE codes.  An RE-3 code 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, lost time, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

A separation code of "LBK" applies to RA soldiers ineligible for, barred from, or otherwise denied reenlistment who are separated on completion of enlistment.

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.  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.

2.  The applicant was assigned a Separation Code of "LBK" and an RE Code of RE-3 at the expiration of his term of service because he was ineligible for reenlistment due to having lost time. 

3.  A Code of RE-3 applies to persons not qualified for continued military service, but the disqualification is waivable as determined by enlistment officials and the needs of the military.  If the applicant desires to enlist in the Air Force, he should contact his local Air Force recruiter to determine his eligibility to enlist and obtain the necessary waiver.  The Air Force recruiter can best advise the applicant as to the needs of the Air Force at the current time, as well as process his waiver.

4.  In view of the circumstances in this case, both the assigned RE code and the separation code were, and still are, appropriate.  The applicant has submitted no evidence that these codes are in error or should be changed.  
5.  In reviewing this case, the Board noted that Item 13 of the applicant's DD Form 214 issued on 1 June 2000 is incorrect and should be administratively corrected to show that he was awarded the ARCOM.

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.

NOTE:  Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis furnish the individual concerned a DD Form 215, (Correction to DD Form 214) to show that he was awarded the ARCOM. 

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JSN__  ____RTD_  __DPH __  DENY APPLICATION

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

INDEX

CASE ID	AR2001053569	
SUFFIX		
RECON		
DATE BOARDED	20010828	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	20000601	
DISCHARGE AUTHORITY	AR635-200, Chapter 4  	
DISCHARGE REASON	A82.00	
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1.	144.8200	
2.		
3.		
4.		
5.		
6.