MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 February 2003
	DOCKET NUMBER:   AR2002082101

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Robert J. Osborn, II		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 be changed to RE-1.
 
APPLICANT STATES: In effect, that the RE code listed in Item 27 (Reentry Code) of his separation document (DD Form 214) is unjust.  He states that he received the RE-3 code as a result of being forced to sign a Declination of Continued Service Statement (DCSS) prior to his discharge from the Army.  He claims that the retention noncommissioned officer (NCO) instructed him to either reenlist or sign the DCSS.  He states that it was his intent to leave the Army in order to join the United States Air Force and he did not understand the impact the RE-3 code would have.  He further states that he has been informed by an Air Force recruiter that he is required to have an RE-1 code in order to join the Air Force.  He states that it is his belief that as an NCO who served honorably for over 7 years with no record of misconduct or disciplinary infractions, the assignment of an RE-3 code was unjust and his service warrants his receiving an RE-1 code.  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:

The applicant served on active duty for 7 years, 11 months, and 17 days, from 
7 October 1993 to 23 September 2001.  He was trained and served in military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman), and the highest rank he attained while serving on active duty was staff sergeant /E-6 (SSGT/E-6.  In addition, he earned the following awards during his tenure on active duty:  Army Commendation Medal (2nd Award); Army Achievement Medal (2nd Award); and National Defense Service Medal.

The separation document (DD Form 214) issued to the applicant on the date of his separation confirms that the authority for his discharge was Chapter 4, Army Regulation 635-200, and the reason for his separation was completion of required term of service.  This document also verifies that based on the authority and reason for his discharge, the applicant was assigned a Separation Program Designator (SPD) code of KBK and an RE code of RE-3.

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, and it specifies that the RE-3 code is applicable to individuals who sign a DCSS. 

Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of KBK was the appropriate code for the applicant based on the guidance provided in this regulation for soldiers separating under the provisions of Army Regulation 
635-200, chapter 4, by reason of completion of required service.  Additionally, the SPD/RE Code Cross Reference Table establishes RE-3 as the proper reentry code to assign to soldiers separated for this reason who signed a DCSS prior to 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.  The Board notes the applicant’s contention that the RE-3 code assigned to him upon his separation was unjust and that it was the result of his being forced to sign a DCSS.  However, the Board finds insufficient evidence to support this claim.  

2.  By his own admission, the applicant signed a DCSS rather than extending or reenlisting to satisfy a service remaining requirement.  By regulation, this mandated that he be assigned an RE-3 code upon his discharge from the Army.

3.  The evidence of record confirms that the applicant’s discharge processing was accomplished in accordance with the applicable regulations, to include the RE-3 code assignment.  Lacking independent evidence to the contrary, the Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 

4.  The Board took note of the applicant’s claim that an Air Force recruiter informed him that his enlistment in that service required an RE-1 code.  However, while the RE-3 code assigned the applicant denotes a reenlistment disqualification, this disqualification may be waived for reenlistment purposes.  If the applicant still desires to enlist in the Air Force, he may wish to contact an Air Force recruiter and request information on applying for an RE code waiver for enlistment in that service.  

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

__RVO__  __GJW  _  __ RJO  __  DENY APPLICATION 

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

INDEX

CASE ID	AR2002082101	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/02/13	
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.