PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               14 March 2002
	DOCKET NUMBER:       AR2001065249

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston 		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Walter T. Morrison		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his Reentry Eligibility (RE) code be changed from RE-4 to RE-3.

3.  The applicant states that his RE code of RE-4 should be RE-3 due to his honorable discharge.  In support of his application, he submits three letters of reference, two DD Forms 214 (Certificate of Release or Discharge from Active Duty), and a listing of RE codes.

4.  The applicant’s military records show that he initially served in the U.S. Army Reserve (USAR) from July 1985 to January 1987.  He enlisted in the Regular Army on 26 February 1987 for a term of three years.  He served as a medic in Germany from 11 March 1987 through 4 February 1988.

5.  A bar to reenlistment was imposed on the applicant on 10 December 1987 for unfitness for military duty.  He received three negative counseling statements for failure to repair and for failing to report.  

6.  On 10 December 1987, the applicant was counseled and advised of the basis for the bar to reenlistment.  He did not submit a statement in his own behalf.

7.  On 29 December 1987, the approval authority approved the bar to reenlistment and advised the applicant that he may request immediate discharge under the provisions of Army Regulation 635-200, chapter 16, if he believes he is unable to overcome the bar to reenlistment.

8.  On 8 January 1988, the applicant submitted a request to be discharged prior to his normal expiration of term of service (ETS) under the provisions of Army Regulation 635-200, chapter 16-5b, due to a locally imposed bar to reenlistment. The separation authority’s approval of the applicant’s recommendation for discharge is not present in his file.

9.  The applicant was discharged from active duty on 5 February 1988 with an honorable discharge.  He completed 11 months and 10 days of creditable service and was issued a RE code of RE-4.

10.  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 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.  

11.  Table 3-6 of Army Regulation 601-210, in effect at the time, states that RE-4 applies to persons separated from their last period of service with a nonwaivable disqualification and include persons being separated with a Department of the Army Bar to Reenlistment in effect.

CONCLUSIONS:

1.  The applicant was separated under the provisions of Army Regulation 
635-200, chapter 16-5b, due to a locally imposed bar to reenlistment and was assigned a reenlistment code of RE-4. 

2.  Table 3-6 of Army Regulation 601-210, then in effect, shows that RE-3 is appropriate for soldiers separated with a local bar to reenlistment and RE-4 is required for soldiers separated with a Department of the Army Bar to Reenlistment.

3.  It is apparent that there is an error in this case regarding the applicant’s RE code.  Therefore, it would be appropriate to change the applicant’s RE code of RE-4 to RE-3.  

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by deleting the entry “RE-4” from item 27 (Reenlistment Code) of the DD Form 214 of the individual concerned; and

b.  by adding the entry “RE-3” to item 27 (Reenlistment Code) of his DD Form 214.

BOARD VOTE:  

JL______  RWA____  WTM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Joann Langston________
		        CHAIRPERSON

INDEX

CASE ID	AR2001065249	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020314	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19880205	
DISCHARGE AUTHORITY	AR635-200,chapter 16-5b	
DISCHARGE REASON	Locally Imposed Bar to Reenlistment	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.