MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 August 2003                   
	DOCKET NUMBER:   AR2003084395

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine 		Chairperson	
	Mr. William D. Powers 		Member	
	Mr. Frank C. Jones 		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 item 26 (Separation Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed.  He also requests, in effect, that his reentry (RE) code be changed to allow him to join the U.S. Army Reserve (USAR).
 
APPLICANT STATES:  In effect, that with separation code "JFL" he cannot enlist into the Reserve Component.  In support of his application, he submits a copy of his DD Form 214.    

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

The applicant enlisted on 24 March 1994 for a period of 4 years.  He served as a mobile subscriber equipment transmission system operator and was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(3), by reason of disability with severance pay.  The applicant was issued a RE code of RE-3.  

Item 26 on the applicant's DD Form 214 shows “JFL”.  Army Regulation 635-5-1 (Separation Program Designator Codes) states the reason for discharge based on separation code “JFL” is “Disability, Severance Pay” and the regulatory authority is Army Regulation 635-40, paragraph 4-24b(3).  This separation code is used for an involuntary discharge. 

Paragraph 4-24b(3) of Army Regulation 635-40 provides for separation for physical disability with severance pay (10 U.S. Code 1203 or 1206).

Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.

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 processing into the Regular Army and the USAR.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes.

Paragraph 3-10 of Army Regulation 601-210, in effect at the time, provided that RE codes may be changed only if they are determined to be administratively incorrect.

RE-3 applied to persons not qualified for continued Army service, but the disqualification was waivable.
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.  The separation code used in the applicant’s case is correct and was applied in accordance with the applicable regulations.  

3.  The applicant has failed to show through the evidence submitted or the evidence of record that the separation code issued to him was in error or unjust. 

4.  The Board considered the applicant's contention that he needs his RE code changed to allow him to join the USAR.  However, RE-3 is waivable for the purpose of reenlistment.  Therefore, if he still desires to reenter the Army, the Board recommends that he contact his local recruiter to determine if he is eligible for applying for a waiver under current enlistment criteria. 

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

TSK____  WDP____  FCJ_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003084394	
SUFFIX		
RECON		
DATE BOARDED	20030812YYYYMMDD	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.	100.0300	
3.		
4.		
5.		
6.