MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:            9 September 2003  
		DOCKET NUMBER:    AR2003086763

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas A. Pagan		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 to 1.

APPLICANT STATES:  That his current DD Form 214 (Certificate of Release or Discharge from Active Duty) will not allow him to be reenlisted.  He is fit and healthy and respectfully requests full-time active duty in order to support his dependents.  

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

That, after having had prior service in the U. S. Navy and Army National Guard, he enlisted in the Regular Army on 2 March 1988.  He was advanced to Specialist, E-4 on 18 June 1988.  On 14 October 1991, the applicant requested voluntary early separation under the provisions of paragraph 16-8, Army Regulation 635-200.  His request was approved and on 13 December 1991 he was honorably discharged, in pay grade E-4, after completing a total of 8 years,  1 month, and 25 days of creditable active service.  He was given an RE code of 3C.

Army Regulation 635-200 governs the separation of enlisted personnel.  At the time, paragraph 16-8 provided for the early separation of soldiers due to reduction in force, strength limitations, or budgetary constraints.  

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 and processing into the Regular Army (RA) and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.

At the time, RE code 3C applied to persons not qualified for continued Army service because they did not meet the reentry grade and service criteria of Army Regulation 601-210.  (At the time, the retention control point for E-4s was 8 years of active service.)  The disqualification is waivable.  

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210. 

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 view of the fact the applicant had exceeded his retention control point at the time he separated, the assigned RE code of RE 3C was and still is appropriate.  The applicant was disqualified from reenlistment, but the disqualification is waivable.

3.  Since enlistment criteria, to include retention control points, 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 should apply for a waiver.

4.  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

__slp___  __wtm___  __tap___  DENY APPLICATION

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

INDEX

CASE ID	AR2003086763	
SUFFIX		
RECON		
DATE BOARDED	20030909	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.