MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            31 July 2003      
	DOCKET NUMBER:   AR2003090802

	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. Gail J. Wire		Chairperson	
	Ms. Karen A. Heinz		Member	
	M r. Robert Duecaster		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.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

APPLICANT STATES:  That he wants to reenlist in the Navy and he cannot do so with an RE code of 3.  He was given that RE code because his wife was having severe seizures and needed his assistance, so he was given a hardship discharge.  He had no choice but to help her.  He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) as supporting evidence.

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

He enlisted in the Regular Army on 29 November 1989.  He was honorably discharged on 31 March 1992 under the provisions of Army Regulation 635-200, paragraph 6-3b for hardship.  He was given an 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 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.

RE-3 applies to persons not qualified for continued Army service but the disqualification is waivable.  

Army Regulation 601-210 states that a waiver is required for any applicant who was separated for any of several reasons, including hardship.  If the individual was separated for hardship, additional documentation must be presented to recruiting officials:  DA Form 3072-2 (Applicant's Monthly Financial Statement); proof that the prior condition upon which separation was approved no longer exists; and proof in the form of an affidavit made by the person upon whose behalf the separation was processed or any legal documents which would show that the situation upon which the separation was based no longer exists.

Army 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 separated as a result of a hardship discharge, RE code 3 was and still is appropriate.  The applicant was disqualified from reenlistment in the Army but the disqualification is waivable.  Provided otherwise qualified, he would normally just have to provide the required proof to show the hardship for which he was discharged no longer existed.

3.  The Board is not familiar with Navy enlistment procedures.  However, since he was given the proper RE code upon his discharge from the Army, it would not be appropriate to change it at this time.

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

__gjw___  __kah___  __rd____  DENY APPLICATION

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

INDEX

CASE ID	AR2003090802	
SUFFIX		
RECON		
DATE BOARDED	20030731	
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.