MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           30 APRIL 2002                   
	DOCKET NUMBER:   AR2002069568

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 his reentry (RE) code on his DD Form 214 be changed from “RE 3” to “RE 1.”   

APPLICANT STATES:  That he would like to enlist in the Air Force.  

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

The applicant enlisted in the Army for four years on 18 August 1989.  He completed training as a cook and in January 1990 was assigned to Fort Drum, New York.  He was promoted to pay grade E-4 on 1 November 1991.  In February 1992 he was assigned to an artillery unit in Korea.  In November 1992 he extended his four year enlistment for eight months.  He returned to the United States and in April 1993 was assigned to Fort Eustis, Virginia.  On 13 October 1993 the applicant reenlisted for three years in the grade of E-4.

On 14 April 1996 the applicant was assigned to the transition center at Fort Eustis, Virginia for transition processing with a reporting date of 31 May 1996.  The order effecting his assignment shows his rank as PFC (Private First Class). 

The applicant was released from active duty on 31 May 1996 at Fort Eustis.  He had 6 years, 9 months, and 13 days of service.  His rank, pay grade, and effective date of pay grade shown on his DD Form 214 are PFC, E-3,                 28 July 1995, respectively.  He was separated because he completed his required active service.  His separation code on his DD Form 214 is “LBK,” and his reentry code is “3.”

The applicant enlisted in the Army National Guard on 31 December 1996 in pay grade E-3.  He was discharged from that organization on 30 December 1997. 	  
Army Regulation 635-5-1 prescribes specific authorities, reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The separation code, “LBK,” applies to a soldier separated under the provisions of Army Regulation 635-200, chapter 4, upon completion of required active service, who is ineligible for, barred from, or otherwise denied reenlistment. 

A Separation Program Designator (SPD)/Reentry (RE) Code Cross Reference Table shows “LBK/3,” indicating an RE code of “3” for a soldier with a separation code of “LBK.”

Army Regulation 601-280 prescribes criteria for the Total Army Retention Program and states in effect that soldiers in the rank of PFC are not authorized to reenlist in the Army.

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.  That  regulation identifies the reentry eligibility (RE) codes.  Those codes are used for administrative purposes only and used for identification of an enlistment processing procedure.  The code RE 3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation.  The code RE 3 applies to a soldier who was separated with a field bar to reenlistment. 
  
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’s RE code on his DD Form 214 is correct.  There is no evidence, nor has the applicant provided any to show otherwise.  He has submitted neither probative evidence nor a convincing argument in support of his request.   

2.  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 that requirement.

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

__AAO__  __HOF___  __TEO__  DENY APPLICATION

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

INDEX

CASE ID	AR2002069568	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020430	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	4	
3.		
4.		
5.		
6.