MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            17 July 2003                  
	DOCKET NUMBER:    AR2003091429

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. John T. Meixell 		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:  In effect, that his reentry (RE) code of RE-3 be changed.  

APPLICANT STATES:  In effect, that he is currently trying to join the United States Air Force (USAF), but cannot because he has an RE-3 code entered on his separation document (DD Form 214).  He states that he was honorably discharged at his expiration of term of service (ETS); however, instead of being assigned an RE-1 code, he was assigned an RE-3 code by mistake.  He claims there was no reason for him to receive an RE-3 code and requests that he be issued a new DD Form 214 with a different RE code.  In support of his application, he submits a copy of his DD Form 214.

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

On 4 March 1999, he entered active duty in the Regular Army for four years.  He completed training and was awarded military occupational specialty (MOS) 
92Y (Unit Supply Specialist).  

The specific facts and circumstances pertaining to the assignment of the applicant’s RE-3 code upon his separation are not on file.  However, his record does contain a properly constituted DD Form 214 that was authenticated by the applicant with his signature on the date of his separation.  

The applicant’s DD Form 214 confirms that he was honorably released from active duty on 3 March 2003, after completing a total of four years of active military service.  It also verifies that the authority for his discharge was chapter 4, Army Regulation 635-200, and that the narrative reason for his separation was completion of required active service.  The DD Form 214 also shows that the applicant was assigned a Separation Program Designator (SPD) code of LBK and 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.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the USAR.  Chapter 3 of that regulation prescribed basic eligibility for prior service personnel.  That chapter included a list of armed forces RE codes.  RE-3 applied to persons who are not considered fully qualified for reentry or continuous service at the time of separation but, the disqualification is waivable.  

Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of LBK is assigned to soldiers who are separated under the provisions of chapter 4, Army Regulation 635-200, completion of required active service when they are ineligible for, barred from, or otherwise denied reenlistment.  Table 2-3
(SPD/RE Code Cross Reference Table), establishes RE-3 as the proper reentry code to assign to soldiers separated for this reason under the circumstances outlined.

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 Board notes the applicant’s contention that he was issued the RE-3 code by mistake.  However, it finds insufficient evidence to support this claim.  The evidence of record confirms that he was honorably REFRAD at his ETS, but is void of the specific facts and circumstances pertaining to the RE-3 code assignment.  The record does contain a properly constituted DD Form 214 that contains the authority and reason for his discharge and the corresponding SPD and RE code assignments.  

2.  The record shows that the applicant authenticated the DD Form 214 with his signature on the date of his REFRAD, thereby verifying that the information contained therein was correct at the time the document was prepared and issued.  Thus, the Board presumes government regularity in the applicant’s separation processing, and concludes that the RE code assignment was accomplished in accordance with the applicable regulations.  

3.  Lacking evidence to the contrary, the Board is satisfied that all requirements of law and regulation were met and that the applicant’s rights were fully protected throughout his separation processing.  Thus, the Board concludes that there is no evidentiary basis for changing the RE code at this time.  However, the disqualification upon which the code was based may be waived for reenlistment purposes.  If the applicant still desires to enlist in the USAF, it is recommended that he contact an Air Force recruiter and request that they process a waiver for his enlistment in their service if he is otherwise qualified. 

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

RKS__  __JM___  __JHL         _  DENY APPLICATION

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

INDEX

CASE ID	AR2003091429	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 4	100.0300	
2.		
3.		
4.		
5.		
6.