MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  24 June 2003
	DOCKET NUMBER:  AR2002080910

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Frank C. Jones		Member	
	Mr. Ronald E. Blakely		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:  That his Reentry (RE) Code of "3C" be changed to a more favorable code in order to reenlist in the US Army Reserve (USAR).

APPLICANT STATES:  That he did not discover what his RE Code meant until   6 months ago.  In support of his application, he submits copies of his:  DD Form 214 (Certificate of Release or Discharge from Active Duty); a letter from his platoon sergeant; an article recounting another service members experience; a Letter of Commendation and Appreciation; and award certificates for the Good Conduct Medal and the Army Achievement Medal.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted in the Regular Army on 30 August 1978, as an aircraft repairer.  He received a Letter of Commendation for his duties as a squad leader during basic training. 

He was promoted to specialist four (SP4/E-4) effective 4 December 1979.  He received a Letter of Appreciation from his platoon leader for duty performance during the preceding 18 months. 

The applicant appeared before the Enlisted Promotion Board on 12 May 1983 for consideration for promotion to E-5 and attained recommended list status.  There is no evidence of record that he achieved the pay grade of E-5. 

He continued to serve until he was honorably discharged on 23 January 1987, under the provisions of Army Regulation 635-200, chapter 4, due to his expiration of term of service (ETS), in the pay grade of E-4.  He was issued an RE Code of "RE 3C."

Item 27 (Remarks) of his Personnel Qualification Record, Part II (DA 2-1) shows the entry "RE 3C NOT ELIG (Eligible) FOR REENLISTMENT."

There is no indication in the available records to show that he attempted to reenlist and was denied.  Likewise, there is no documentation that the applicant was barred from reenlistment by his commander.  

A letter of support from a former fellow soldier states that the applicant was a good soldier and the bar to reenlistment should be lifted to allow him to enlist in a Reserve unit.

Army Regulation 601-280 serves as the authority for the Total Army Retention Program.  It outlines the procedures and criteria for immediate reenlistment of soldiers serving on active duty.  It states, in pertinent part, that a soldier may not 
exceed the retention control point (RCP) for their grade, by more than 29 days before expiration of contracted service (reenlistment or extension).  The regulation also states, in pertinent part, that individuals who have attained local order-of-merit or official DA promotion list status, will be considered for reenlistment under the retention control point for the rank to which they will be promoted.  The RCP for the applicant’s grade at that time provided that he could serve up to 13 years as an E-4.

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-3C applies to soldiers who have completed over 4 months of service who do not meet the basic eligibility pay grade requirements of AR 601-280, chapter 2, or who have been denied reenlistment under the Qualitative Retention Process under AR 600-200, chapter 4, and who are ineligible for enlistment unless a waiver is granted.

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 applicant's records state that he was ineligible for reenlistment.  Since he was still within his RCP for reenlistment, the only basis for that entry would have been an approved bar to reenlistment.  This is further supported by the statement from the former fellow soldier who mentions his bar to reenlistment. 

2.  The Board notes that the RE Code of "3C" is consistent with the basis for his separation, upon ETS with a bar to reenlistment in effect, and in this case finds no basis to correct the existing code. 

3.  The applicant has failed to show, through the evidence submitted with his application or the evidence of record, that his separation which resulted in his receiving an RE Code of RE "3C" was in error or unjust.  In this case administrative regularity must be presumed.

4.  There is no basis for removal of the RE code from the applicant's record. The disqualification upon which the code was based, however, can be waived for reenlistment purposes.

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

___mp___  ___fj___  __rb____  DENY APPLICATION

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

INDEX

CASE ID	AR2002080910	
SUFFIX		
RECON		
DATE BOARDED	20030624	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19870123	
DISCHARGE AUTHORITY	AR .635-200, chapter 4	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	4	
2.		
3.		
4.		
5.		
6.