MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:           

	BOARD DATE:               28 February 2002                      
	DOCKET NUMBER:      AR2001059484

	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	
	Ms. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Celia L. Adolphi 		Member	
	Mr. John T. Meixell 		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 DD Form 214 (Certificate of release 
or discharge from active duty), block 6 (Reserve Obligation Term Date), be corrected to reflect his Reserve Obligation Term Date. 

APPLICANT STATES:  In essence, that he is not eligible for reserve duty since his DD Form 214 shows that he has no Reserve Obligation.  In support of his application he submits a copy of his DD Form 214 dated 5 January 2001.

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

He had prior honorable service with the United States Air Force from 
11 to 26 January 1982.  

On 25 September 1997, he entered the Delayed Entry Program (DEP), USAR, pending approval of his RE Code waiver extension until 30 September 1997.  

On the same date, the applicant signed the DA Form 3286-67 (Statement of Understanding (Army Policy) as a Prior Service Enlistee.  The enlistment program was designated as 9B, option 19, in accordance with chapter 
9, Table 9-1, under Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program).  Within this same regulation the applicant qualifies under section 6.9.C (Nonobligated person), as having no remaining statutory obligation based on his prior service.

On 6 January 1998, he enlisted in the Regular Army for 3 years with no Reserve Service Obligation defined.  He then completed both Basic Combat Training and Advanced Individual Training and awarded military occupational specialty (MOS) 
63W00 (Wheel Vehicle Repairer).  

On 5 January 2001, the applicant was honorably discharged at the expiration of his term of service under the provisions of chapter 4, Army Regulation 635-200 at the completion of his required service.  He was credited with 3 years and 16 days active duty.  The highest pay grade he held during his second enlistment period was E-4.  He was then assigned an re-entry code of RE-1.  

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 of that regulation provides, in pertinent part, for the discharge or release from active duty upon termination of enlistment, and other periods of active duty or active duty for training.  A soldier separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the soldier is in entry level status (less than 6 months active service) and the service is to be uncharacterized.

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 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.  An RE code of RE-1 indicates that the applicant would be fully qualified for enlistment in the Reserve.

Army Regulation 635-5, then in effect, provided the policy and procedures for the preparation of separation documents at the completion of a soldier's contracted period of active service.  

On 9 January 1998, the applicant made application to this Board for correction of his DD Form 4/1 (Enlistment /Reenlistment Document), Section B. (Agreements) item 8 to show his term of enlistment as 3 years and 00 weeks instead of 
7 years and 50 weeks.  Additionally, this form also provides the applicant with reporting instruction for completion of outstanding military service obligation or commitment in his case.  There were no further written instructions indicated on his DD Form 4/1- 4/3.  On 18 March 1998, the Board approved the correction to his contract to show a 3 year enlistment period.     

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and 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, in this case, has failed to submit evidence that would satisfy this requirement.

2.  The applicant’s status at the time of his enlistment was categorized as a Prior Service Enlistee based on his time spent in the U. S. Air Force.  In accordance with Army Regulation 601-210, section 6.9C, he incurred no obligated service at the time of his enlistment. 

3.  Therefore, the Board finds that the separation action at the completion of his 
3 years of required active service on 25 January 2001 was proper.  In accordance with Army Regulation 635-5, zero’s would be entered into the Reserve Obligation Term Date area, which indicates no further service obligation. He still retains the right to reenlist in the Army Reserve or the Army National Guard and the Regular Army based on his RE-1 code.  

4.  In view of the foregoing, there is no basis to grant 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

___RVO_  __CLA__   ___JTM      DENY APPLICATION

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

INDEX

CASE ID	AR	
SUFFIX		
RECON	 	
DATE BOARDED	20020228 	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	NC	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.