MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 July 2002
	DOCKET NUMBER:   AR2002070665

	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. Arthur A. Omartian		Chairperson	
	Ms. Karen A. Heinz		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 her reentry (RE) code be changed to a code that will allow her to enlist in the U. S. Air Force.

APPLICANT STATES:  That she had already spent two years apart from her husband, who was in the U. S. Air Force, when she came down of orders for overseas again after little more than one year back in the States.  She did not sign the declination statement to “escape” orders to Korea; she signed because she was forced to choose between a future life with a family or a second tour in Korea.  

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

She enlisted in the Regular Army on 22 July 1993.  She completed basic training and advanced individual training and was awarded military occupational specialty 95B (Military Police).  She was assigned to Korea on or about 31 December 1993.  She departed around January 1995 for assignment to Germany.  She reenlisted on 26 August 1997 for 3 years.  She returned to the States on or about 9 January 1998.

Around April 1999, the applicant came down on orders for assignment to Korea.  She needed 12 months remaining as of December 1999 (her expiration term of service was 25 August 2000).  She signed a Declination of Continued Service Statement (DCSS), DA Form 4991-R, on 13 April 1999.  

On 25 August 2000, the applicant was discharged, under separation authority Army Regulation 635-200, paragraph 16-5B, separation code (SPD) MGH, narrative reason for separation non-retention on active duty, and given an RE code of 3.

There is no evidence in the applicant’s records to show that she ever received a bar to reenlistment.

Army Regulation 635-200 governs the separation of enlisted personnel.  Paragraph 16-5 governs the voluntary separation of soldiers denied reenlistment. Paragraph 16-5B provides that soldiers with a locally-imposed bar to reenlistment who perceive that they will be unable to overcome the bar may request immediate separation.  Paragraph 16-5C provides that soldiers who decline to meet service remaining requirements and who have signed a DCSS may request immediate separation.  

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.

RE-3 applies to persons not qualified for continued Army service but the disqualification is waivable.  Soldiers who have signed a DCSS fall into this category.

Army 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, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program. 

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.  In view of the fact the applicant signed a DCSS, the assigned RE code of 3 was and still is appropriate.  

3.  The Army has provisions to allow a prior service soldier to apply for a waiver to enlist.  Presumably the U. S. Air Force has similar provisions.  Since there is no error or injustice in the applicant’s records, she should visit her local U. S. Air Force recruiting station to determine if she is eligible to apply for a waiver.

4.  There appears to be an error on the applicant’s Certificate of Release or Discharge from Active Duty, DD Form 214.  There is no evidence to show that she had a locally-imposed bar to reenlistment and so the separation authority shown in item 25 (Army Regulation 635-200, paragraph 16-5B) is incorrect.  Army Regulation 635-200, paragraph 16-5C is correct.

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.

NOTE:  The Army Review Boards Agency, Support Division will be directed to correct item 25 of the applicant’s DD Form 214 to show the separation authority as Army Regulation 635-200, paragraph 16-5C.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__AAO__  __KAH___  ___TL___  DENY APPLICATION

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

INDEX

CASE ID	AR2002070665	
SUFFIX		
RECON		
DATE BOARDED	2002/07/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.