MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 August 2001
	DOCKET NUMBER:   AR2001057296

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Ms. Gail J. Wire		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 code (RE) code 3 be changed to RE 1.

APPLICANT STATES:  In effect, that he believes his RE code 3 is unjust and extremely unfair.  He contends that he was separated from the Regular Army because he was unable to reenlist as a specialist, E-4 with nearly 8 years of active service.  He further contends that this RE code is hindering his military career by not permitting him to fulfill his personal duty to his country and to retire on active duty.

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

He enlisted in the Army on 13 October 1988 for 3 years.  He completed his initial training and was assigned for duty as a cannon crewmember (13B).  He attained the rank and pay grade of specialist, E-4 on 1 June 1990 and was honorably released from active duty on 12 October 1992, upon completion of his active duty obligation.  He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).

On 17 March 1993, he again enlisted in the Army for 3 years.  He completed training as a petroleum supply specialist (77F).  On 16 March 1996 he was honorably released from active duty upon completion of required active service.  He was again transferred to the USAR Control Group (Reinforcement).  He completed 7 years of creditable active service and attained the rank and pay grade of specialist, E-4.

At the time of the applicant’s request to this Board, he was serving in the USAR in the rank of staff sergeant.

The applicant’s Certificate of Release or Discharge from Active Duty (DD Form 214), effective 16 March 1996, shows the narrative reason for separation as completion of required active service with a separation code of LBK, and a RE code 3.

Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the 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 separated from their last period of service who do not meet the reentry grade and service criteria of Army Regulation 601-210.  It is a waivable disqualification.  That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.  Applicants who have correct RE codes will be processed for a waiver at their request if otherwise qualified and waiver is authorized.  No requirement to change an RE code exists to qualify for enlistment.

Paragraph 3-10b of that regulation further provides that the term of enlistment, when added to the previous active Federal service, will not exceed 8 years for a specialist, E-4.

Paragraph 3-15a of that regulation provides that enlistment in the Regular Army is authorized for a period of at least 2, but not more than 6 years.

Army Regulation 635-5-1 implements Department of Defense policy for standardization of certain entries on DD Form 214.  It provides in Table C-1 that a SPD code of LBK will be used for enlisted soldiers who are involuntarily separated upon completion of required active service.

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’s release from active duty upon completion of his obligated term of active service was properly processed in accordance with applicable regulations.

2.  The RE code 3 reflects that he was not eligible for reenlistment without waiver due to having more than 7 years of active military service as a specialist, E-4.  A 2-year enlistment, the minimum period authorized, would have put his total active Federal service over 9 years, exceeding the maximum permitted for his grade.

3.  The separation code of LBK on his DD Form 214 indicates that he was involuntarily released from active duty upon completion of his required active service.  This is consistent with his RE code 3 since he was not eligible to reenlist without a waiver.

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

__INW___  __FNE__  __GJW__  DENY APPLICATION

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

INDEX

CASE ID	AR2001057296	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/09	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.