MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            20 September 2001
	DOCKET NUMBER:   AR2001056357

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Ms. Paula Mokulis		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 to RE-1.

APPLICANT STATES:  In effect, that there is nothing in his service records that warrant him receiving a RE Code of “3” and that such a code constitutes a bar from his contractual continuation with his present Reserve Officer Training Corps (ROTC) Program at the University of Idaho.  He further states that it will disallow him to continue his career as a commissioned officer.

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

He enlisted on 15 November 1989 and remained on active duty through a series of continuous reenlistments.  He was advanced to the pay grade of E-4 on 1 November 1991.

On 2 January 1996, he was honorably released from active duty (REFRAD) due to completion of required service.  He had served 6 years, 1 month and 18 days of total active service and was issued a RE Code of “3”.  He was paid full involuntary separation pay in the amount of $9,653.52.

Army Regulation 601-210 provides the guidance for the issuance of RE Codes upon separation from active duty.  It states, in pertinent part, that these codes are not to be considered derogatory in nature, they are simply codes that are used for identification of an enlistment processing procedure.

RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable.  A local or self-imposed bar to reenlistment or reaching the maximum years of service for one’s grade are some of those instances in which a person would be issued a code of RE-3 at the time of separation.

Army Regulation 601-280, in effect at the time, provides the criteria for reenlistment eligibility and establishes the maximum number of years persons may serve on active duty in a particular grade.  The Retention Control Point (RCP) established for the pay grade of E-4 was 8 years and 29 days of maximum service.  Personnel who were unable to reenlist for a minimum reenlistment period of 2 years in order to reach the maximum RCP for their grade were, in effect, barred from reenlistment.  Personnel who fall in this category are not required to extend their enlistment to their maximum RCP in order to receive their full entitlement to separation pay.  

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 barred from reenlistment at the time of his separation and was not fully qualified for reenlistment at the time of separation due to his having reached his maximum RCP for his grade; accordingly, he was properly issued an RE Code of RE-3 in accordance with the applicable regulations.

3.  While the Board applauds his efforts to continue his education, the fact that he cannot participate in an ROTC Program has no bearing on the fact the RE Code he received was correct at the time it was issued; accordingly, there is no basis to change it.

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

___pm __  ___rjw __  __kwl ___  DENY APPLICATION

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

INDEX

CASE ID	AR2001056357	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/09/20	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  4	100.0300/re code	
2.		
3.		
4.		
5.		
6.