MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 August 2001                   
	DOCKET NUMBER:   AR2001059522

	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. John H. Kern		Chairperson	
	Mr. Thomas Lanyi		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:  Correction of his military records to show a reentry (RE) code which would allow reenlistment.

APPLICANT STATES:  That he would like to enlist in the U. S. Air Force.  He has been in the Army National Guard for 3 years and feels that he is qualified to reenter service.

COUNSEL CONTENDS:  That the applicant has submitted evidence showing that he is in the Army National Guard.  The physical training standards being the same as the Regular Army and the evidence now showing he can pass the Army Physical Fitness Test (APFT), relief should be granted.

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

He enlisted in the Regular Army on 2 February 1995.  

On 31 July 1995, the applicant’s commander initiated separation under the provisions of Army Regulation 635-200, chapter 11 entry- level performance and conduct; specifically, APFT failure.  The applicant acknowledged notification of the proposed action and did not desire to make statements in his own behalf.  The appropriate authority approved the recommendation and on 21 August 1995 he was discharged under the provisions of Army Regulation 635-200, chapter 11. He received a separation code designator (SPD) of JGA (involuntary discharge for entry level performance and conduct) and a reentry code of 3.

On an unknown date, the applicant enlisted in the Army National Guard.  

Army Regulation 635-5, the SPD/RE Code Cross Reference Table, provides that when the SPD is JGA, an RE code of 3 will be given.

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.  

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 assigned reentry code of RE-3 was and still is appropriate.  The applicant was disqualified from reenlistment, but the disqualification is waivable under Army regulations.  The Board acknowledges that the U. S. Air Force may have different enlistment standards; however, that is not sufficient justification to grant the relief requested.

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

__jhk___  __tl____  __pm____  DENY APPLICATION

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

INDEX

CASE ID	AR2001059522	
SUFFIX		
RECON		
DATE BOARDED	20010823	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.