MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 June 2002
	DOCKET NUMBER:   AR2002070350

	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	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Thomas Lanyi		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 be changed from 3 to 1 and his separation program designator code (SPD) of LBK be changed.

APPLICANT STATES:  That he completed over 11 years of total service.  He would like to become part of the military again.  Changing his RE code would enable him to pursue his dream.  He provides his Certificate of Release or Discharge from Active Duty, DD Form 214, an Honorable Discharge Certificate, and a General Discharge Certificate as supporting evidence.

COUNSEL CONTENDS:  That a careful review of the available records revealed no reason why the applicant was given RE code 3.  Based upon his numerous awards and decorations, counsel fully supports the applicant’s request to change his RE code to 1.

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

He enlisted in the Regular Army on 29 May 1990.  He was promoted to Specialist, E-4 on 1 June 1992.  He was honorably discharged on 26 October 1993 for the purpose of immediately reenlisting on 27 October 1993 for 3 years.  He was released from active duty on 26 October 1996 upon completing his required active service.  He had completed a total of 6 years, 4 months, and 28 days of creditable active service.  He was given an RE code of 3 and an SPD of LBK (involuntary release from active duty or transfer upon completion of required active service when the Regular Army soldier is ineligible for, barred from, or otherwise denied reenlistment).

On 3 July 1997, the applicant was discharged with a general discharge under honorable conditions from the Army National Guard under the provisions of National Guard Regulation 600-200, paragraph 8-27w (discharged from the Inactive Army National Guard for failure to report to annual muster) and transferred to the U. S. Army Reserve Control Group (Annual Training).  He was 
discharged from the U. S. Army Reserve with an honorable characterization of service on 16 February 1999.

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.  Paragraph 3-10 states that individuals with prior service are eligible for enlistment if they qualify under the criteria listed in this paragraph.  Paragraph 3-10a(3) states that an individual who last separated in grade E-4 with not more than 5 years Active Federal Service is eligible for Regular Army enlistment.  
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 applicant separated upon completing his term of enlistment in the grade of E-4 with over 5 years of Active Federal Service.  Because he elected not to reenlist, his separation was considered an involuntary release from active duty because he did not meet enlistment criteria and he was appropriately given an SPD of LBK.  Since he was disqualified from reentering the Army, he was appropriately given an RE code of 3 indicating he had a waivable disqualification,.   

3.  Since enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver.

4.  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

__JNS__  __EJA__  __TL___  DENY APPLICATION

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

INDEX

CASE ID	AR2002070350	
SUFFIX		
RECON		
DATE BOARDED	2002/06/25	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.