MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            11 February 2003                  
	DOCKET NUMBER:   AR2002075091

	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. Joyce Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Antonio Uribe		Member	
	Ms. Regan K. Smith		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, 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. 

APPLICANT STATES:  In effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) has an RE code of 3.  She was ineligible for reenlistment; however the flag has since been lifted.  In support of her application she submits a copy of a DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)), dated 22 May 2002.  

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

On 20 May 1999, the applicant enlisted in the Regular Army for 3 years.

The facts and circumstances pertaining to the applicant’s flagging and discharge are not on file.  Her DD Form 214 indicates that she was discharged on 
19 May 2002, under the provisions of Army Regulation 635-200, chapter 4, (Expiration Term of Service) with an honorable discharge.  She completed 
3 years of creditable active service.  She was given a reentry code of RE-3 and a separation code of LBK [Involuntary discharge under the provisions of Army Regulation 635-200, chapter 4].

The Separation Program Designator/Reentry Code (SPD/RE-Code) Cross Reference Table shows that when the SPD is LBK, then RE-3 will be given.  

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 person not qualified for continued Army service, but the disqualification is waivable.  RE-3 is to be used when soldiers ineligible for, barred from, or otherwise denied reenlistment who are separated on completion of enlistment.

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 of Army Regulation 
601-210 (RA 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.  There is no evidence in the available record, and the applicant has provided no evidence, that shows irregularity in the assignment of her RE code.

2.  Given the fact that the applicant's SPD code was LBK and in the absence of evidence to the contrary, it appears she was barred from reenlistment or otherwise ineligible to reenlist at the time she was separated.  Therefore, the assigned RE-3 was and still is appropriate.  The applicant was disqualified from reenlistment, but the disqualification is waivable under Army Regulations.

3.  In the absence of evidence that the applicant's RE code was in error or improper, there is no basis to change her RE code.

4.  However, since enlistment criteria do change and since the applicant has the right to apply for a waiver, it is suggested that the applicant periodically visit a local recruiting station to determine if she should apply for a waiver.

5.  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.

6.  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

__SAC__  __AU____  __RKS__  DENY APPLICATION

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

INDEX

CASE ID	AR2002075091	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/02/11	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.