MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 May 2002                   
	DOCKET NUMBER:   AR2002068120

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Christopher J. Prosser		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, correction of appropriate military records to show a reentry eligibility (RE) code, which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications, which preclude reenlistment. 

APPLICANT STATES:  In effect, to upgrade his reenlistment code from RE-3 to RE-1.  He has completed his reserve obligation and would like a second chance at entering the Armed Forces.  

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

On 16 March 1992, the applicant was honorably discharged from the Army National Guard.  On 17 March 1992, the applicant enlisted in the Regular Army for 3 years.  His served as a Cannon Crewmember.  The highest pay grade he achieved was pay grade E-3.

His Personnel Qualification Record (DA Form 2-1) shows that he served in Korea 
from 27 March 1992 through 25 March 1993.  It also shows that he was absent without leave from 24 November to 1 December 1993; that he was reduced to pay grade E-2 effective 1 June 1994; and that he was reduced to pay grade 
E-1 effective 22 December 1994.  The documents pertaining to these matters are not in the available records.

On 23 March 1995, the applicant was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 4, Expiration Term of Service (ETS).  He completed 3 years of creditable active service.  His pay grade at the time of separation was E-1.  He was assigned a RE Code of RE-3, in accordance with AR601-280.

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 ETS or fulfillment of service obligation will be awarded a character of service of 
honorable, unless the soldier is in entry-level status and service is 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 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 code, including RA RE codes.

Paragraph 3-10 of the foregoing regulation provides that an individual, who was last separated in pay grade E-1 through E-2, regardless of years of service, is not eligible for enlistment without a grade determination and approval of enlistment.

RE-3 applies to persons not qualified for continued Army service, due to grade and service requirements, but the disqualification is waivable.  Certain persons 
who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters
9, 10, 13, and 14 of Army Regulation 635-200.

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4 of Army Regulation 601-210 (RA and Army Reserve Enlistment Program).  Therefore, since enlistment criteria do change, and since you have the right to apply for a waiver, it is suggested that you periodically visit your local recruiting station to determine if you should apply for a waiver.

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.

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 applicant was separated in pay grade E-1.  Accordingly, code RE-3, as reflected on his DD Form 214 is correct and in accordance with regulation.

3.  There is no basis for removal of the RE code from the applicant’s record.  The disqualification upon which the code was based, however, can be waived for reenlistment purposes.

4.  In view of the circumstances in this case, the assigned reentry eligibility code was and still is appropriate.

5.  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

__fne___  __wtm___  __cjp___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068120	
SUFFIX		
RECON		
DATE BOARDED	20020502	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.