MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 February 1999
	DOCKET NUMBER:   AR1999015191

	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:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Van B. Cunningham		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 eligibility (RE) code be changed from RE-3 to RE-1.

APPLICANT STATES:  In effect, that the reason for his hardship discharge no longer exists and he would like to reenlist in the Army.  He provides a notarized copy of a note from his mother, dated 12 April 1979, stating that her hardship conditions have resolved.

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

He was born on 9 May 1949 and enlisted in the Regular Army for 3 years on 10 August 1966.  He reenlisted for 4 years on 2 December 1967.  On 21 August 1970, he received an honorable discharge under the provisions of Chapter 6, AR 635-200, by reason of hardship.  He had a total of 4 years and 12 days of creditable service and no lost time.  He also received two nonjudicial punishments (NJP) under Article 15, Uniform Code of Military Justice, for leaving his place of duty and misappropriating a Government vehicle, and blackmarketing, misappropriating a civilian’s wallet, and bringing discredit on the Army.

The applicant submitted a DA Form 2476, Application for Separation – Hardship or Dependency, on31 July 1970.  In his application, he requested separation because his mother had undergone surgery and needed him home to care for her and two younger siblings.  The request was approved and the applicant was released as stated above.  His DD Form 214 indicated that he had an RE code of RE-3, not eligible to reenlist without a waiver.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 6 of that regulation provides, in pertinent part, for the separation of personnel because of genuine dependency or hardship. An application for such separation will be approved when a service member can substantiate that his situation or immediate family's situation has been aggravated to an excessive degree since enlistment, that the condition is not temporary and that discharge will improve the situation.

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.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 6, 9, 10, 13, and 14 of Army Regulation 635-200.  RE-3 indicates that a person is not qualified for continued service, but the disqualification is waivable.  With a hardship discharge, proof that the hardship condition no longer exists may be sufficient to grant a waiver.

Army Regulation 601-210 also covers age eligibility criteria for enlistment in the RA.  In order to enlist, an individual must be between the ages of 18 (17 with parental or legal guardian consent) and 35.  Age limits are not waivable.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 received an RE-3 code on his DD Form 214.  This code was appropriate for the applicant receiving a hardship discharge and also for receiving NJP.

3.  Even if the applicant’s RE code were changed to RE-1 (eligible to reenlist), he is 15 years beyond the non-waivable upper age limit for enlistment.

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

___JHL  _  __AAO__  __VBC __  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015191	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990204	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.