MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            27 January 1999 
	DOCKET NUMBER:   AR1999015505

	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. Jessie B. Strickland		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 (RE) Code be changed from RE 3 to RE 1.

APPLICANT STATES:  That he desires his records to be reviewed and his RE Code changed to RE 1.

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

The applicant enlisted on 18 November 1980 for a period of 3 years, training as a tactical wire operations specialist, and assignment to Korea.  He successfully completed his training and was transferred to Korea.

On 18 June 1981 nonjudicial punishment was imposed against the applicant for disobeying a lawful order from an NCO.  His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, and extra duty and restriction. 

On 27 February 1982 NJP was again imposed against the applicant for violating ration control limits.  His punishment consisted of a reduction to the pay grade of E-2 (suspended), a forfeiture of pay, and extra duty and restriction.

The applicant completed his tour in Korea and was transferred to Fort Sill, Oklahoma on 8 May 1982.

On 8 April 1983 the applicant’s commander initiated action to bar the applicant from reenlistment based on his demonstrated lack of potential for promotion.  The applicant elected not to submit a statement in his own behalf and the appropriate authority approved the bar to reenlistment. 

On 17 November 1983 the applicant was honorably released from active duty on his scheduled expiration of term of service (ETS).  He had served 3 years of total active service and was issued a RE Code of RE-3.  He was also transferred to the USAR Control Group (Reinforcement) to complete his statutory service obligation.

He was honorably discharged from the USAR on 17 November 1989.

Army Regulation 601-210 provides the guidance for the issuance of RE Codes upon separation from active duty.  It states, in pertinent part, that these codes are not to be considered derogatory in nature, they are simply codes that are used for identification of an enlistment processing procedure.

RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable.  A local bar to reenlistment is one of those instances in which a person would be issued a code of RE-3 at the time of separation.
There is no evidence in the available records to show that he applied to the Army Discharge Review Board (ADRB) within that board’s 15-years statute of limitations; therefore the Board accepted his application to the ADRB in lieu of a DD Form 149.

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 had a locally imposed bar to reenlistment at the time of his separation and was not fully qualified for reenlistment at the time of separation.  Accordingly, he was properly issued an RE Code of RE-3 in accordance with the applicable regulations.

3.  The applicant has failed to show through the evidence submitted or the evidence of record that he was issued the wrong RE Code at the time of his separation.

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

__jev____  __jhk ___  __mkp __  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015505	
SUFFIX		
RECON	 	
DATE BOARDED	1999/01/27	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1983/11/17	
DISCHARGE AUTHORITY	AR635-200  	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  100.0300		
2.  100.0600		
3.		
4.		
5.		
6.