MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 January 2002                   
	DOCKET NUMBER:   AR2001057926

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Kenneth W. Lapin		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 (RE) code be changed.

APPLICANT STATES:  That he desires to enlist in the Air Force and finish out his 20 years in the military.  He provides no supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records (fiche only) show:

He enlisted in the Regular Army on 2 November 1987.  He was promoted to Sergeant, E-5 on 1 February 1993.  He last reenlisted on 3 March 1995 for 4 years.  He was honorably discharged on 2 March 1999 upon the completion of his required active service.  His Certificate of Release or Discharge from Active Duty, DD Form 214, shows he was given a separation code (SPD) of JBK (to be used for a Regular Army soldier ineligible for, barred from, or otherwise denied reenlistment who is separated on completion of enlistment) and an RE code of 3. 

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.  

Army Regulation 635-5-1, SPD/RE Code Cross Reference Table states that when the SPD is JBK then RE 3 will be given.  

In the processing of this case, an advisory opinion was obtained from the Retention Management Division, U. S. Total Army Personnel Command.  That office verified that Army regulatory guidance in effect at the time of the applicant’s separation provided for RE code 3 when the SPD code was JBK.  That office stated that since there was insufficient supporting documentation to indicate the applicant was neither flagged nor barred from reenlistment upon separation, an accurate determination could not be made.

A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He did not respond within the given time frame.

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 and, in the absence of evidence to the contrary, the presumption of regularity applies.  The applicant signed his DD Form 214 with the RE code of 3 entered on it.  The Board presumes he was not eligible for reenlistment at the time of his expiration term of service on 2 March 1999.

2.  In view of the fact the applicant separated with an SPD code of JBK, the assigned RE code of 3 was and still is appropriate.  The applicant was disqualified from reenlistment, but the disqualification is waivable under Army regulations.  The Board presumes the Air Force has similar regulations governing the granting of enlistment waivers.

3.  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

__jlp___  __cjp___  __kwl___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057926	
SUFFIX		
RECON		
DATE BOARDED	20020117	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.