MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          27 January 1999                                      
	DOCKET NUMBER:   AR1999014870

	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. Loren G. Harrell		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick 		Chairperson	
	Ms. Margaret K. Patterson 		Member	
	Mr. John H. Kern 		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 eligibility (RE) code be changed from RE-4 to RE-3 or 2 and his reason for separation be changed.

APPLICANT STATES:  In effect, that it is preventing him from becoming a soldier.

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

He enlisted in the Regular Army for 3 years on 24 June 1976 and was honorably discharged on 23 June 1979.  In February 1979, he injured his right knee playing football.  He underwent surgery for removal of “a lateral meniscus for a lateral meniscus tear.”  He reenlisted on 22 August 1980 after obtaining a waiver for his injured right knee.  While at Fort Ord, California in February 1981, he sustained a contusion to his damaged right knee during a rappelling exercise.  This caused instability in the joint.  He underwent a medical evaluation board hearing which recommended that he be discharged.  He concurred and waived a formal physical evaluation board hearing.  He was separated on 24 May 1983 by reason of physical disability with severance pay under the provisions of AR 635-40.  He was given an RE code of RE-4, not eligible to reenlist.

On 10 January 1984, the US Army Enlistment Eligibility Activity reviewed the applicant’s RE code and corrected it from RE-4 to RE-3, eligible to reenlist with a waiver.

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 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.  An RE-3 code 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 the aforementioned requirement.

2.  The applicant’s RE code has already been corrected by the USAEEA.  The code and the reason for separation are correct according to pertinent Army regulations.

3.  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

___JEV _  __MKP __  __JHK __  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014780	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990127	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY	Mr. Harrell	
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.