MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 August 2002
	DOCKET NUMBER:   AR2002072520

	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. Samuel A. Crumpler		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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 and her separation code (SPD) be changed to MLK.

APPLICANT STATES:  That the RE and SPD codes as currently reflected on her Certificate of Release or Discharge from Active Duty, DD Form 214, are affecting her entry into the Active Guard/Reserve (AGR) program.  She got out at her normal expiration term of service (ETS) and was not involuntarily transferred from active duty.  She was married to an active duty member and was pregnant with their first child at her ETS.  They decided it would be best for her to get off active duty at her ETS.  She provides her DD Form 214 as supporting evidence.

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

She enlisted in the Regular Army on 4 November 1988 for 3 years.  She was released from active duty at her normal ETS of 3 November 1991 in pay grade  E-3.  She 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, to be used for Regular Army soldiers ineligible for, barred from, or otherwise denied reenlistment who is separated on completion of enlistment).

The applicant is apparently currently in the Air National Guard.

Army Regulation 635-5-1 prescribes the specific authorities, the reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It does not list an SPD of MLK.  It does list an SPD of MBK (voluntary release from active duty or transfer upon completion of required active service, to be used for Regular Army soldiers eligible to reenlist who are released from active duty on completion of enlistment and transferred to the Reserve components to complete a military service obligation).

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 code 3 applies to persons not qualified for continued Army service but the disqualification is waivable.  

Army Regulation 601-210, chapter 3 also states in pertinent part that applicants for enlistment, if last separated in grade E-3 with not more than 2 years of Active Federal Service in the Regular Army and original enlistment was for 2 years and they are otherwise qualified, are eligible for enlistment. 
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.  It was the fact the applicant elected to ETS, while in grade E-3, that determined her SPD and RE codes.  Once she ETSd, after having completed more than 2 years of Active Federal Service, she was no longer eligible to reenlist without a waiver and the assigned RE code of 3 and SPD of LBK were and still are appropriate.  She was disqualified from reenlistment but the disqualification is waivable for enlistment in the RA or the U. S. Army Reserve.  If she desires to enter the AGR program in the Army or Air National Guard, other policies may apply.

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

__SAC__  __MHM__  __RKS__  DENY APPLICATION

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

INDEX

CASE ID	AR2002072520	
SUFFIX		
RECON		
DATE BOARDED	2002/08/01	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.