PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:              23 October 2001                
	DOCKET NUMBER:     AR2001059269

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Thomas E. O'Shaugnessy, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of appropriate military records to show a reentry eligibility (RE) code, which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications, which preclude reenlistment.

3.  The applicant states that he has been informed that others have been discharged before and since his discharge with RE Code 3.  He now desires to join the Army National Guard (ARNG) in Harrisburg, Pennsylvania, and needs an upgrade of his RE Code. 

4.  The applicant also submitted a DD Form 293 (Application for Review of Discharge or Dismissal from the Armed Forces of the United States) requesting the RE code upgrade.  He did not request a discharge upgrade.

5.  During the period 12 January through 24 August 1987, he served in the USAR Delayed Enlistment Program. 

6.  During the period 25 August 1987 through 24 October 1992, he served on active duty in the Regular Army (RA).  

7.  During the period 25 October 1992 through 18 May 1994 (sic), he served in the Army Reserve (USAR).  He was transferred from a Troop Program Unit (TPU) to the USAR Control Group effective 19 May 1994 based on unit order 070-02, 79th USARC, dated 19 May 1994.

8.  During the period 17 May 1994 through 21 November 1995, he served in the Pennsylvania ARNG.  He was separated under National Guard Regulation (NGR) 600-200 (Personnel General – Enlisted Personnel Management), based on his misconduct – unsatisfactory participation.  He was issued a General Discharge Certificate and Code RE 4.

9.  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 RA and the USAR.  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.

10.  Code RE-4 applies to persons separated from their last period of service with a non-waivable disqualification, including those separated with a Departmental bar to reenlistment in effect, and who are ineligible for enlistment.

11.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received non-judicial punishment are so disqualified.

12.  NGR 600-200, paragraph 8-26q indicates, in pertinent part that a person discharged from the ARNG for acts or patterns of misconduct - unsatisfactory participation will be issued RE Code 3.

13.  Army Regulation 15-180 provides for petitioning the Army Discharge Review Board for upgrade of the characterization or the reason and authority for discharge, or both.  Application may be made with DD Form 293, within 15 years after the date of discharge or dismissal.

CONCLUSIONS:

1.  The evidence of record clearly shows the applicant should have been issued RE Code 3 and his records should be corrected accordingly. 

2.  The date of his separation from the USAR TPU is taken from a valid transfer order; however, it does not affect the outcome of correction of his RE code.  His transfer date should be changed from 19 May to 16 May 1994.

3.  It is noted hat the applicant may still petition the ADRB for an upgrade of the characterization of his discharge by resubmitting a DD Form 293 to the ADRB for this purpose.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing:

a.  the individual concerned was discharged from the ARNG with RE Code 3; and

b.  he was transferred from the USAR TPU on 16 May 1994.

BOARD VOTE:  

_teo____  __alr___  __slp___     GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			Shirley L. Powell
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001059269	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011023	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.