MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:  3 December 2002
	DOCKET NUMBER:  AR2002074223

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Charmane Collins		Member	
	Mr. James E. Anderholm		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 "3" be change to RE "1."

APPLICANT STATES:  That he had personal problems and requested to be released from active duty in order to sort out his problems.  He was alerted for assignment prior to his expiration of term of service (ETS) and was forced to sign a Declination of Continued Service Statement (DCSS).  The DCSS also stated that he was "prohibited from applying for reentry into the Active Army for a period of at least 93 days if separated at normal ETS, and at least 2 years if voluntarily separated before ETS."  The signing of his DCSS gave him an RE Code of RE "3".  In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a copy of his DCSS.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 31 July 1992, with prior military service, as a fire support specialist.  

On 22 August 2001, the applicant was alerted for assignment to Fort Hood, Texas.  However, he failed to take the necessary action to reenlist or extend 
to meet the incurred service remaining obligation under the provisions of chapter 3, AR 601-280 and opted to sign a DCSS.  

He continued to serve until he was honorably discharged on 13 December 2001, under the provisions of Army Regulation 635-200, paragraph 16-10, due to the Holiday Early Release Program.  He was issued an RE Code of "3."  He had completed 9 years, 6 months, and 18 days of creditable service.

He enlisted in the California Army National Guard (CAARNG) effective the date of his discharge where he continues to serve.

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry 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 US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of Armed Forces reentry codes, including RA RE codes.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudical punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, 14, and 16 of Army Regulation 635-200.

RE-1 applies to persons completing their term of service (ETS) who are considered qualified to reenter the Army.
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 Board notes that the RE Code of "3" is consistent with the basis for his separation and in this case finds no basis to correct the existing code.

2.  The type of discharge directed and the reasons for that separation were appropriate considering all of the facts of the case.

3.  The applicant has failed to show, through the evidence submitted with his application or the evidence of record, that his separation which resulted in his receiving an RE Code of RE "3" was in error or unjust.

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 this 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

__fe___  __cc___  __ja____  DENY APPLICATION

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

INDEX

CASE ID	AR2002074223	
SUFFIX		
RECON		
DATE BOARDED	20021203	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20011213	
DISCHARGE AUTHORITY	AR 635-200, chapter 16	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	4	
2.		
3.		
4.		
5.		
6.