MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           14 November 2002                   
	DOCKET NUMBER:   AR2002073919

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	M . John P. Infante		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 his Reentry (RE) Code be changed from RE-3 to RE-1.

APPLICANT STATES:  That he served in the Army for 91/2 years and received an honorable discharge as an E-5.  He did not know that anything had been put on his DD Form 214 (Certificate of Release or Discharge From Active Duty) that would keep him from going back on active duty, until he contacted a recruiter.

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

He entered onto active in the Regular Army on 23 October 1992, was trained as an infantryman and achieved the rank of sergeant.

The applicant signed a DA Form 4991-R (Declination of Continued Service Statement) to indicate that he declined to extend his term of service to accept an assignment to Fort Lewis.

His DD Form 214, signed by the applicant, reflects that on 22 March 2002, he was honorably discharged from active duty on his scheduled expiration of term of service.  He had served 9 years, 5 months and 0 days of total active service and was issued a separation code of KBK and a reentry code of RE-3.

Army Regulation 601-210 provides the guidance for the issuance of RE Codes upon separation from active duty.  It states, in pertinent part, that these codes are not to be considered derogatory in nature; they are simply codes that are used for identification of an enlistment processing procedure.

RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification can be waived.  A declination to reenlist is one of those instances in which a person would be issued a code of RE-3 at the time of separation.

Army Regulation 635-1, cross-reference table provides, in pertinent part, that soldiers separated with a separation code of KBK and signed a declination of service will be given a RE-3.

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 record reveal that instead of extending his term of service to accept an assignment the applicant refused to extend and signed a declination of service and was discharged when he reached his expiration of term of service.  Accordingly, he was properly issued a reentry code of RE-3 in accordance with the applicable regulations.  Therefore, his separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.  The Board has taken cognizance of his contention that he did know that anything had been put on his D Form 214 that would keep him from enlisting back into the Army, however this factor does not warrant granting the relief requested.  

2.  In view of the fact the applicant was separated with a separation code of KBK, the assigned reentry code of RE 3 was and still is appropriate.  The applicant was disqualified from reenlistment but the disqualification is waivable.

3.  Since enlistment criteria do 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 could apply for a waiver.

4.  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 the foregoing requirement.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__aao ___  ___rks __  ___jpi___  DENY APPLICATION

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

INDEX

CASE ID	AR2002073919	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020714	
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.  100.0300	

		
2. 100.0600		
3.		
4.		
5.		
6.