MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          30 October 2003                    
		DOCKET NUMBER:  AR2003086114

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Mr. Ernest W. Lutz, Jr.		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 reentry (RE) code of RE-3 on his DD Form 214 (Certificate of Release or Discharge) be changed to a code of RE-1.

APPLICANT STATES:  In essence, that he received an honorable discharge, but he was advised he was ineligible to reenlist in the United States Army.  However, he did not understand that his RE code made him ineligible to enlist in other branches of the service, to include the Reserves.  He also states that he has matured and earned a bachelors degree in business administration and he would like to serve as an officer in the Armed Forces.  He speaks fluent Korean and he wants to help in this time of crisis.  He submits in support of his request a copy of his DD Form 214, his Honorable Discharge Certificate, and a DA Form 4187, Personnel Action.

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

That on 26 July 1993, he enlisted in the Delayed Entry Program (DEP).  On 29 December 1993, at age 19, he was discharged from the DEP and he enlisted in the Regular Army (RA) for 2 years and 18 weeks.  He completed the training requirements and he was awarded military occupational specialty (MOS) 13B (Cannon Crewmember) and assigned to Fort Sill, Oklahoma, with duty in his MOS.

On 4 January 1995, nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, was imposed against the applicant for being absent without leave (AWOL) from his unit from 28-29 December 1994 and from 0600-1240 hours on 2 January 1995.  His punishment included the forfeiture of $223 pay per month for 1 month, reduction from pay grade E-3 to pay grade 
E-2 and 14 days of extra duty and restriction.  On 7 February 1995, NJP was imposed against him for being AWOL from 0600-1130 hours on 31 January 1995.  His punishment included reduction from pay grade E-2 to pay grade E-1, the forfeiture of $420 pay per month for 2 months and 45 days of extra duty (suspended).

On 9 February 1995, the applicant’s commander recommended that the applicant be barred from reenlistment.  He cited the above NJP actions as the basis for the bar.  On 10 February 1995, the bar to reenlistment was approved.  The applicant did not appeal the bar.

On 21 February 1995, the applicant authenticated a DA Form 4187 in which he requested discharge under the provisions of chapter 16, Army Regulation (AR) 635-200, due to his perceived inability to overcome a locally imposed bar to reenlistment.  The applicant’s commander recommended that the request be approved.  On 22 February 1995, the appropriate separation authority approved the applicant's request. 
On 27 February 1995, the applicant was separated with an honorable discharge. by reason of a locally imposed bar to reenlistment.  He had completed 1 year,
1 month and 29 days of active military service.  He was assigned an RE code of RE-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.  AR 601-210 covers eligibility criteria, policies, and procedures for enlisting and processing into the RA and the eligibility for prior service applicant’s for enlistment.  That chapter includes a list of Armed Forces RE codes, including RA RE codes.  A code of RE-3 applies to persons not qualified for continued Army service; however, the disqualification is waivable.  Individuals discharged under the provisions of chapter 16, Army Regulation 635-200, due to a perceived inability to overcome a locally imposed bar to reenlistment receive an RE code of RE-3.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-5 applies to personnel denied reenlistment and provides that soldiers who receive DA imposed or locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar may apply for immediate discharge.  Army policy states that the service of personnel separated under this paragraph will be characterized as honorable.

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 applicant's request for discharge was based on his perceived inability to overcome his bar to reenlistment.  His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would have jeopardized his rights.

3.  An RE-3 code applies to persons not qualified for continued service, but the disqualification is waivable as determined by enlistment officials and the needs of the military.  In view of the circumstances in this case, the assigned RE code was, and still is appropriate.  The applicant has submitted no evidence that his RE code is in error or should otherwise be changed.  

4.  The Board has taken into consideration the applicant’s contention that he was young and immature, however, he met entrance qualification standards to include age.  The Board found no evidence that he was any less mature than other soldiers of the same age who successfully completed their military service obligation.

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

__clg___  __ewl___  __lcb___  DENY APPLICATION

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

INDEX

CASE ID	AR2003086114	
SUFFIX		
RECON		
DATE BOARDED	20031030	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19950227	
DISCHARGE AUTHORITY	AR632-200, Chap 16	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.