MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            07 AUGUST 2003                  
	DOCKET NUMBER:   AR2002082523

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern III		Member	
	Ms. Mae M. Bullock		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 DD Form 214 (Certificate of Release or Discharge from Active Duty), item 27 (Reentry Code) be changed to allow his reentry into military service.

APPLICANT STATES:  That he was separated from military service due to hardship reasons, however the hardship conditions no longer exists.

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

On 28 October 1997, he enlisted in the Regular Army.  

On 18 December 2001, he was released from active duty, under the provisions of Army Regulation 635-200, paragraph 6-3a, for hardship.  His DD Form 214 indicates he had 4 years, 1 month, and 21 days of active service.  

Although documents associated with his separation action were not in records available to the Board, item 26 (Separation Code) on his DD Form 214 is “MDB,” and item 27 (Reentry Code) is recorded as “3.”

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that the regulatory authority authorizing the separation will be entered in item number 25 of the DD Form 214.  Item number 26 will contain the separation code, as shown in Army Regulation 635-5-1 based on the regulatory authority, and item 27 will contain the reentry code authorized by Army Regulation 601-210.

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 prescribed 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 who were not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  

Army Regulation 635-5-1 states that SPD codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  It notes that “MDB” is the appropriate SPD code for individuals separated for hardship.  

A “cross-reference” chart, provided by officials from the separations branch at the U.S. Total Army Personnel Command, confirms that “RE-3” is the appropriate RE code for individuals who receive an SPD code of MDB.

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.  Although documents associated with the applicant’s separation were not in records available to the Board, the applicant was assigned a reentry code in accordance with appropriate regulations.  

2.  The Board notes that the reentry code was assigned based on the fact that the applicant was released from active duty for hardship.  The fact that the reason for his separation now no longer exists is no basis for changing his reentry code on his DD Form 214.  

3.  The Board notes, however, that he may be eligible to apply for a waiver for enlistment, and that he should visit his nearest military recruiting office for further information.

4.  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 that requirement.

5.  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

__AAO__  __TBR __  __MMB __  DENY APPLICATION

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

INDEX

CASE ID	AR2002082523	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030807	
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.	110.00	
2.		
3.		
4.		
5.		
6.