MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            6 May 2003
	DOCKET NUMBER:   AR2003086038

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Larry C. Bergquist		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 report of separation (DD Form 214) be corrected to reflect a more favorable Reentry (RE) Code that will allow him to reenter the service.

APPLICANT STATES:  In effect, that he desires to reenter the service and needs his RE Code changed.

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

He enlisted in the Regular Army on 7 October 1996 for a period of 3 years, training as a petroleum supply specialist and airborne training.  He successfully completed his training and was transferred to Fort Bragg, North Carolina, where he remained until he reenlisted on 9 November 1998, for a period of 4 years and assignment to Europe.  He was transferred to Germany on 7 February 1999.

The facts and circumstances surrounding his discharge are not present in the available records.  However, his records do contain a duly constituted DD Form 214, signed by the applicant, which shows that he was honorably discharged on 25 October 1999, under the provisions of Army Regulation 635-40, paragraph   4-24B(3), due to disability with severance pay.  He had served 3 years and 19 days of total active service and was issued a RE Code of 3.

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.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  A waiting period of 2 years from separation is required before a waiver may be submitted.

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.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in accordance with applicable regulations with no violations of the applicant’s rights.
3.  The applicant was separated under the provisions of Army Regulation        635-40, by reason of disability with severance pay; therefore; he was properly issued an RE Code of 3 in accordance with the applicable regulations.

4.  The applicant has failed to show through the evidence submitted or the evidence of record that he was issued the wrong RE Code at the time of his separation.

5.  While the Board is unable to ascertain the nature and extent of his disability at the time of separation, he is not precluded from applying for a waiver to enlist if he can show to the satisfaction of the enlistment authority he had overcome his disability.  While there is no guarantee that the needs of the Army at the time will dictate that he should be allowed to enlist, he is not precluded from contacting a local recruiter and requesting a waiver.

6.  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

__lem ___  __fe____  ___lb ___  DENY APPLICATION

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

INDEX

CASE ID	AR2003084438	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  4	100.0300/RE CODE	
2.		
3.		
4.		
5.		
6.