MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 January 2002                   
	DOCKET NUMBER:   AR2001063404

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Richard T. Dunbar		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:  Correction of appropriate military records to show a reenlistment (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

APPLICANT STATES:  That he would like to reenlist in the Army to help his country in this time of need.  He has been an upstanding citizen since his discharge.  He provides no supporting evidence but could supply character references if necessary.

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

He was born on 27 March 1957 (age 45 on 27 March 2002).  He enlisted in the Regular Army on 4 April 1975.  He was honorably discharged on 25 October 1978 for the purpose of immediately reenlisting on 26 October 1978.

On 15 June 1983, the applicant was recommended for separation under the provisions of Army Regulation 635-200, chapter 13 for unsatisfactory performance.  The commander had noted the applicant’s four Article 15s and his attitude problems as the reason for the recommendation.  The recommendation was approved and the applicant was discharged on 1 July 1983, in pay grade   E-4, with a general discharge under honorable conditions.  He had completed a total of 8 years, 2 months, and 28 days of creditable active service (3 years, 6 months, and 22 days under his first contract and 4 years, 8 months, and 6 days under his second contract).  He was given an RE code of 3.

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 U.S. 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.  Soldiers separated for unsatisfactory performance fall into this category.

Army Regulation 601-210 also states that the age criteria for enlistment into the Regular Army is governed by statute.  Age waivers for RA enlistment will not be considered with or without prior military service.  The regulation goes on to state 

that an individual is eligible for Regular Army enlistment if he or she is 35 years of age or older, but less than 55 years of age, and is not more than 35 years of age, plus prior honorable active service completed in any of the U. S. Armed Forces.  An individual is eligible for a U. S. Army Reserve enlistment if he or she has not reached the 55th birthday and can qualify for retired pay by age 60.

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of Chapter 4, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program. 

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.  In view of the fact the applicant was administratively separated for unsatisfactory performance, the assigned RE code of 3 was and still is appropriate.  The applicant was disqualified from reenlistment, but the disqualification was waivable.  However, due to the passage of time the applicant is now statutorily disqualified from reenlistment in the Regular Army due to age.  Even had he been discharged on 1 July 1983 with a fully honorable characterization of service, he reached the maximum age limit on 25 June 2000.

3.  It appears the applicant may meet the age criteria for enlistment in the U. S. Army Reserve (although other considerations may continue to disqualify him).  He will be 45 on 27 March 2002 and he currently has 8 years of qualifying service for retirement.  He would need another 12 years (at age 57) to qualify (earning at least 50 retirement points a year) for retired pay at age 60.  Since enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should visit his local recruiting station to determine if he should apply for a waiver for enlistment in the U. S. Army Reserve if he so desires.  

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

__gdp___  __wtm___  __rtd___  DENY APPLICATION

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

INDEX

CASE ID	AR2001063404	
SUFFIX		
RECON		
DATE BOARDED	20020124	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.