MEMORANDUM OF CONSIDERATION

	

	IN THE CASE OF:      

	BOARD DATE:           10 December 2002                  
	DOCKET NUMBER:   AR2002071078

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Conrad V. Meyer		Member	

	The applicant and counsel, if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records:

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

APPLICANT REQUESTS:  That his reenlistment eligibility code (RE) be changed to RE 1.

APPLICANT STATES:  In effect, that he knows of and can find no reason for the RE 4 on his 22 May 1993 discharge document.  He believes that he had an exemplary record and does not know why he received an RE 4.  He states that he is currently a member of the National Guard and would like to apply for a full time Army Guard/Reserve (AGR) position.

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

The applicant had two periods of active service, 30 June 1983 through 28 April 1987 and 23 May 1989 through 22 May 1993.  His record contains no negative or derogatory entries during either of these periods of service.  During these periods of service the applicant was awarded the Army Commendation Medal, the Army Achievement Medal with 1 oak leaf cluster, the Good Conduct Medal second award, the National Defense Service Medal, the Southwest Asia Service Medal with 3 bronze service stars, the Kuwait Liberation Medal, the Army Service Ribbon, the Overseas Service Ribbon with numeral 2, the Marksman Badge with Rifle Bar, the Sharpshooter Badge with Grenade Bar, and the Driver and Mechanic Badge with Driver – W and Mechanic Bars. 

The applicant was discharged from active duty, in pay grade E-4, under Army Regulation 635-200, chapter 4, for the expiration of his term of service (ETS).  His separation code, JBK, is for ETS.  His characterization of service was honorable and he received an RE code of 4.

Army Regulation 601-210 sets forth the procedures and policy for enlistment and reenlistment into the Regular Army (RA) and the US Army Reserve.  It provides 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.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  It states, in pertinent part, that RE-1 applies to persons who are completing their period of active service who are eligible for immediate reenlistment.  An RE-4 applies persons separated from their last period of service with a nonwaivable disqualification that includes persons being separated in pay grade E-2 and below, persons with bars to reenlistment who request separation prior to the end of their active duty obligation, who are separated with a Department of the Army bar to reenlistment in effect or who exceed their reenlistment eligibility point.

Army Regulation 301-280, Army Reenlistment Program covers eligibility criteria, policies, and procedures for reenlistment.  Paragraph 2-22 states that an applicant must not exceed the reenlistment eligibility point (8 years for grade E-4) by more than 29 days before expiration of contacted service (that is, reenlistment or extension) unless they have attained promotion list status.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The Board finds that the applicant was precluded from reenlistment as a result of having reached his reenlistment eligibility point.  Therefore, the RE-4 code is correct.

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 this 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

_CLA___  __TSK___  __CVM__  DENY APPLICATION

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

INDEX

CASE ID	AR2002071078	
SUFFIX		
RECON		
DATE BOARDED	20021210	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.