MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 July 2001                   
	DOCKET NUMBER:   AR2001056479

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		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:  That her reentry (RE) code be changed from 3 to 1.

APPLICANT STATES:  The applicant makes no additional statement.  She provides her Certificate of Release or Discharge from Active Duty, DD Form 214; her Request for Reenlistment or Extension in the Regular Army, DA Form 3340-R, dated 3 March 1997; her Enlistment/Reenlistment Document Armed Forces of the United States, DD Forms4/1 and 4/2 dated 2 October 1997; her Statements for Enlistment, DA Form 3286, undated; and her Declination of Continued Service Statement (DCSS), DA Form 4991-R, dated July 1998 as supporting evidence.

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

She enlisted in the Regular Army on 23 September 1993.  She reenlisted in the Regular Army on 2 October 1997 for 2 years, making her expiration term of service (ETS) 1 October 1999.  Apparently around July 1998, she came down on assignment instructions.  She was advised that in order to comply with the operational commitment, she must have a minimum of 12 months remaining to ETS as of November 1998.  She had only 11 months remaining to ETS as of November 1998 and on 17 July 1998 she signed a DA Form 4991-R refusing to extend her enlistment or reenlist to comply with the commitment.

On 1 October 1999, the applicant was released from active duty upon her ETS for non-retention on active duty.  Her DD Form 214 shows the separation authority was Army Regulation 635-200, paragraph 16-5B.  Her separation code (SPD) was MGH (voluntary transfer or release from active duty due to non-retention on active duty under the provisions of Army Regulation 635-200, paragraphs 16-5B or 16-5C).  She was given an RE code of 3.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 16-5 provides that soldiers denied reenlistment may be voluntarily separated before ETS under certain conditions.  Paragraph 16-5C pertains to soldiers who decline to meet service remaining requirements and who have signed a DCSS.  Paragraph 16-5B pertains to soldiers with a locally imposed bar to reenlistment. 

Army Regulation 635-5, SPD/RE Code Cross Reference Table, provides that RE code 3 is given when the SPD code is MGH.

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 U.S. 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.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of Army Regulation 601-210, chapter 4. 

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.  In view of the fact that the applicant declined to extend or reenlist to meet an operational commitment, the assigned reentry code of RE-3 was and still is appropriate.  The applicant was disqualified from reenlistment but the disqualification is waivable.

3.  Since enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should periodically visit her local recruiting station to determine if she should apply for a waiver if she desires to enlist.

4.  The Board notes that the applicant’s DD Form 214 shows an incorrect separation authority.  She was separated under the provisions of Army Regulation 635-200, paragraph 16-5C, not paragraph 16-5B.

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.

NOTE: The applicant’s DD Form 214 should reflect her separation authority as Army Regulation 635-200, paragraph 16-5C.  Therefore, the Army Review Boards Agency, Support Division, will be directed to administratively correct the applicant’s records by amending her DD Form 214 to show her correct separation authority.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fne___  __slp___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2001056479	
SUFFIX		
RECON		
DATE BOARDED	20010717	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.003	
2.		
3.		
4.		
5.		
6.