MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            6 November 2003 
	DOCKET NUMBER:   AR2003090326

	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. Stanley Kelley		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Mae M. Bullock		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 Certificate of Release or Discharge (DD Form 214) be corrected to show that he was assigned a reentry eligibility (RE) code of RE-1 instead of RE-3.

APPLICANT STATES:  That his RE code was waived to allow him to enlist in the United States Army Reserve (USAR) and his DD Form 214 should be amended accordingly.

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

On 16 April 1992, he enlisted in the Army for 5 years in the pay grade of E-2.  He successfully completed his training as a fighting vehicle infantryman.  He was promoted to the pay grade of E-3 on 16 January 1993 and to the pay grade of 
E-4 on 27 January 1994.

He was honorably discharged with severance pay on 7 March 1997, under the provisions of Army Regulation 635-40, chapter 4-24b, as a result of a disability (lower back pain).  He had completed 4 years, 10 months and 22 days of total active service and he was furnished 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.

Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It states, in pertinent part, a DD Form 214 will be issued to members for periods on active duty totaling 90 days or more.  It further states that the information contained on the DD Form 214 will apply only to the period of service covered by the DD Form 214.  

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.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  The applicant was separated and assigned a reentry code in accordance with applicable regulation.

3.  The Board has noted the applicant’s contention that his RE code was waived to allow him to enlist in the USAR.  However, his DD Form 214 appropriately reflects the RE code that he was assigned for that period of service.  Therefore, his DD Form 214 is correct as currently reflected.

4.  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.

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

__mb ___  __sk ____  __rjw ___  DENY APPLICATION

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

INDEX

CASE ID	AR2003090326	
SUFFIX		
RECON		
DATE BOARDED	2003/11/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000/ADMINISTRATIVE MATTER	
2.  4	100.0300/RE CODE CHANGE	
3.		
4.		
5.		
6.