MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            4 November 2003
	DOCKET NUMBER:   AR2003090184

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Antonio Uribe		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 the separation code currently reflected on his Certificate of Release or Discharge (DD Form 214) be corrected to show that he was discharged with a reentry eligibility (RE) code of RE-1.

APPLICANT STATES:  That he served honorably for 8 years and 9 months and was promoted to the rank of sergeant (E-5).  He states that he was awarded two Good Conduct Medals, three Army Commendation Medals and four Army Achievement Medals and that he is a Distinguished Honor Graduate of his Primary Leadership Development Course.  He states that there is no reason for any RE code other than RE-1.

EVIDENCE OF RECORD:  The applicant's military records are unavailable for review by the Board.  Information herein was obtained from his DD Form 214.

He enlisted in the Army on 4 September 1992 and he successfully completed his training as a helicopter repairman.

His awards include the Army Commendation Medal (3rd Award), the Army Achievement Medal (4th Award), the Army Good Conduct Medal (2nd Award), the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Southwest Asia Service Medal w/two Bronze Service Stars, the Noncommissioned Officers Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Marksmanship Qualification Badge w/Pistol Bar, the Sharpshooter Marksmanship Qualification Badge w/Rifle Bar, the Aircraft Crewman Badge and the Army Lapel Button.

On 29 June 2001, he was honorably discharged under the provisions of Army Regulation 635-200, chapter 4, at the completion of his required service.  He had completed 8 years, 9 months and 26 days of total service.  The DD Form 214 that he was furnished at the time of his discharge shows that he signed a declination for continued service and that he was assigned an RE-3 code.

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 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 RE codes, including RA RE codes.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is 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 Board has noted the applicant’s contentions.  However, he signed a declination for continued service and he was appropriately assigned an RE-3 code.

3.  The RE-3 code that he was assigned at the time of his discharge is waivable and in accordance with the applicable regulation, he can request a waiver of those disqualifications that preclude him from reentering the Army.

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

___fe ___  __gw____  __au____  DENY APPLICATION

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

INDEX

CASE ID	AR2003090184	
SUFFIX		
RECON		
DATE BOARDED	2003/11/04	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.   4	100.0300	
3.		
4.		
5.		
6.