MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 December 2002
	DOCKET NUMBER:   AR2002078234

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Charmane Collins		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 be upgraded to RE-1.

APPLICANT STATES:  In effect, that he reviewed his Military Personnel Record Jacket (MPRJ) on numerous occasions and found nothing derogatory.  He states that upon his return from the Gulf War, he discovered a bar to reenlistment was on file in his MPRJ.  He states that he had a RE code of 1 prior to his discharge and was told that the RE code issued to him would not allow him to enlist in the United States Army Reserve (USAR).  He states that he served honorably in both the Navy and the Army, and received good conduct and achievement awards.  After all this honorable service, he was being told that he had to leave the Army, that he was being denied severance pay, and that he could not reenlist, which made him angry, bitter, and devastated.  In support of his application he submits a copy of his separation document 
(DD Form 214). 

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

On 26 November 1985, after completing 4 years of prior honorable service in the Navy, he initially enlisted in the Army for 3 years.  On 9 November 1988, he reenlisted for an additional 3 years.  His record shows that the highest rank he attained while serving on active duty was specialist/E-4 and that he earned the following awards during his active duty tenure:  Army Service Ribbon; Southwest Asia Service Medal with 2 bronze service stars; Army Good Conduct Medal; and National Defense Service Medal.  

The applicant’s MPRJ contained a Declination of Continued Service Statement (DCSS), which confirmed that the applicant chose not to extend or reenlist to meet a service remaining requirement in order to comply with overseas permanent change of station (PCS) assignment orders.  He executed the DCSS after being counseled on its effects, and acknowledging that among other things, he understood that signing the DCSS would place him in a non-promotable status and result in his being assigned an RE-3A code, which prohibited him from reenlisting without an approved waiver from Department of the Army (DA). 

The DD Form 214 issued to and authenticated by the applicant with his signature on the date of his separation, 8 November 1991, confirms that he was discharged under the provisions of chapter 4, Army Regulation 635-200, by reason of expiration of term of service (ETS).  This document also shows that he was assigned a Separation Program Designator (SPD) code of JBK and an 
RE code of 3A.  

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 (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.  It shows, in pertinent part, that RE-3A applied to persons not qualified for continued active Army service, who declined to meet additional service through reenlistment or extension, but who were fully qualified for enlistment in the USAR.  

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.  The evidence of record confirms that on the date of his discharge, the applicant was ineligible for reenlistment in the RA as a result of signing a DCSS.  By regulation, this mandated he be assigned an RE-3A code upon his discharge at ETS.

2.  In view of these circumstances, the RE code of RE-3A assigned the applicant at discharge was and still is appropriate.  However, this does not mean the applicant is not eligible for further service.  At the time of his discharge, he was fully eligible to enter the USAR, and he was eligible to reenter the RA 93 days after his separation with an approved waiver from DA.  The applicant is advised that if he is still interested in further service, he should contact a local recruiter to ascertain his eligibility for enlistment in the USAR or reenlistment in the RA under current enlistment standards.  

3.  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. 

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

__ FNE  _  __JEA___  ___CC__  DENY APPLICATION

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

INDEX

CASE ID	AR2002078234	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/12/03	
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.