MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            9 May 2002                  
	DOCKET NUMBER:   AR2002069230

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston 		Chairperson	
	Mr. John N. Slone		Member	
	Ms. Terry L. Placek		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 her records be corrected to show her reentry eligibility code is RE-1.  (The applicant requested relief from the Army Discharge Review Board using DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) and that her request is accepted as application to the Army Board for Correction of Military Records.

APPLICANT STATES: That she would like to reenter the reserves.  Currently, the Air Force Reserve is only allowed to recruit people with a reentry code of 1. 

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

During the period 13 February through 13 August 1996, she was a member of the Army Reserve Delayed Enlistment Program.

On 14 August 1996, she enlisted in the Regular Army (RA) for 4 years.  She completed her required training and was awarded military occupational specialty 91B (Medical Specialist).

On 23 June 1999, she was honorably separated under Army Regulation 635-200, chapter 8, based on her pregnancy.  Her separation document indicates she had 2 years, 10 months and 10 days of creditable service.  She was issued 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 RA and the 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.  The applicant was discharged and assigned an RE code in accordance with regulations then in effect.  There appears to be no basis for removal or waiver of that disqualification which established the basis for the RE code.

2.  In view of the circumstances in this case, the assigned RE code was and still is appropriate.
3.  The Board notes the RE-3 code is waivable for enlistment purposes, and that she may visit her nearest recruiter for this purpose.

4.  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.

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

_jhl____  _tlp____  _jns___          DENY APPLICATION

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

INDEX

CASE ID	AR2002069230	
SUFFIX		
RECON		
DATE BOARDED	20020509	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.030	
2.		
3.		
4.		
5.		
6.