MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           8 November 2001
	DOCKET NUMBER:   AR2001059599

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn 		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		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, 3C, and 3D in Block 27 of his DD Form 214 (Certificate of Release or Discharge From Active Duty) be changed to an RE code that does not require a waiver to re-enter the military.

APPLICANT STATES:  In effect, that he has matured over the last 11 years and is now ready to serve his country in the United States Air Force as a second lieutenant.  He contends he is not sure why the commander gave him a locally imposed bar to reenlistment and an RE code of RE-3, 3C, 3D without any explanation.  He also contends that the commander did not care for him and that he unjustly gave him an inappropriate RE code. 

In support of his application, the applicant submitted his DD Form 214 and a statement in his own behalf.

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

He enlisted in the Regular Army (RA) for a period of 4 years on 30 August 1988 and the United States Training of Choice Enlistment Option.  He enlisted for training in military occupational specialty (MOS) 24 M, Vulcan System Mechanic. Following completion of all military training, the applicant was awarded MOS 24M and was assigned to Fort Bliss, Texas.

On 30 January 1990, the commander recommended that the applicant be barred from reenlistment due to his duty performance, misconduct, and record of non-payment of just debts.  On 2 February 1990, the Bar to Reenlistment was approved and the applicant was advised of his rights.  The applicant indicated that he would not appeal the Bar to Reenlistment.  

On 26 March 1990, the applicant requested to be administratively discharged from the Army due to the imposition of a local bar to reenlistment, which he felt he could not overcome.  He noted his expiration of term of service (ETS) date as 29 August 1992 and requested discharge at the earliest possible date.  The applicant also acknowledged that he understood that separation prior to ETS was for his own convenience and that once he was discharged he would not be able to reenlist at a later date.

Accordingly, on 10 May 1990, the applicant was separated from the Army under the provisions of chapter 16-5b, Army Regulation 635-200, by reason of a locally imposed bar to reenlistment with an honorable discharge.  He was credited with 1 year, 8 months, and 11 days of creditable military service.  His DD Form 214 reflects the narrative reason for separation as "locally-imposed bar to reenlistment" with a Separation Program Designator (SPD) code of KGF and an RE code of RE-3, 3C, and 3D.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-5 applies to personnel denied reenlistment and provides that soldiers who receive a DA-imposed or locally-imposed bar to reenlistment, and who perceive that they will be unable to overcome the bar, may apply for immediate discharge.  Incident to the request, the member must state that he understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and that later reenlistment is not permitted.

Army Regulation 635-5-1, Separation Program Designator (SPD) Codes, contains narrative reasons for discharge, the appropriate SPD codes for those narrative reasons, and a cross-reference to the applicable RE code.  Soldiers separated for the purpose of a locally imposed bar to reenlistment are issued an SPD code of KGF and an RE code of RE-3.  An RE code of 3, 3C, and 3D indicates the applicant was not eligible for reenlistment without 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 (RA) and the United States 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.  RE-3 applies to soldiers that are not fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  This includes anyone with a locally imposed bar to reenlistment in effect at the time of separation.  RE-3C and RE-3D apply to soldiers that did not meet reentry qualification at the time of separation.

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 this requirement.

2.  The Board carefully reviewed the applicant’s records and determined that his RE code of RE-3 and SPD code of KGF are the appropriate codes for his narrative reason for discharge.

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

__EFN__  __KYF  __  __BJE___  DENY APPLICATION

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

INDEX

CASE ID	AR2001059599	
SUFFIX		
RECON		
DATE BOARDED	20011108	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19900510	
DISCHARGE AUTHORITY	AR 635-200, c16b	
DISCHARGE REASON	Locally imposed Bar	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.