MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 July 2001
	DOCKET NUMBER:   AR2001056093

	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	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. William D. Powers		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 of RE-3 be changed to RE-1.

APPLICANT STATES:  In effect, that he respectfully requests that his RE code be changed from RE-3 to RE-1 in order to allow him to try to enlist in the 
Air Force. 

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

On 19 August 2000, he was honorably separated in the rank of specialist/E-4 after completing a total of 7 years of active military service.

The separation document (DD Form 214), issued to the applicant on the date of his separation, confirms that he was separated under the provisions of Army Regulation 635-200, chapter 4, by reason of expiration of term of service (ETS).  It also shows that he was assigned a separation program designator (SPD) code of JBK and an RE code of RE-3.  The remarks section of the form also confirmed that the applicant was not eligible for separation pay because he had signed a declination of continued service (DCSS).  

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, which verifies that RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. 

Army Regulation 635-5-1 provides the regulatory and directive authorities, reasons, and SPD codes to be entered on the DD Form 214 for soldiers separating from active duty.  SPD code JBK is the appropriate code for members being discharged, under the provisions of chapter 4, Army Regulation 635-200, by reason of ETS who are ineligible for, barred from, or are otherwise denied reenlistment who are separated on completion of enlistment.  Table 2-3 
(SPD/RE Code Cross Reference Table), Army Regulation 635-5 establishes 
RE-3 as the proper code to assign soldiers who are separated from their last period of service under these regulatory provisions. 

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 evidence of record confirms that on the date of his discharge, the applicant was ineligible for reenlistment as a result of signing a DCSS.  By regulation, this mandated he be assigned an RE-3 upon his discharge at ETS.  

2.  In view of these circumstances, the RE code of RE-3 assigned the applicant at discharge was and still is appropriate.  However, this does not mean the applicant is completely denied the opportunity to reenlist.  Since enlistment criteria does change, and since he has the right to apply for a waiver, it is suggested that he contact his local recruiting station to determine if he is able to apply for a waiver to enlist in the Air Force.  

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

__JNS__  __ MVT __  __WDP__  DENY APPLICATION

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

INDEX

CASE ID	AR2001056093	
SUFFIX		
RECON		
DATE BOARDED	2001/07/24	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	2000/08/19	
DISCHARGE AUTHORITY	AR 635-200 C4	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  4	100.0300	
2.		
3.		
4.		
5.		
6.