PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               15 January 2002
	DOCKET NUMBER:       AR2001063131  

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Hubert O. Fry		Member	
	Mr. Donald P. Hupman		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his Reentry Eligibility (RE) code be changed from RE-4 to RE-3.

3.  The applicant states that the locally imposed bar to reenlistment was supposed to be automatically lifted after two years.  In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

4.  The applicant’s military records show that he served in the Army National Guard from December 1984 to February 1986.  He enlisted in the Regular Army on 6 March 1986 and completed infantry training at Fort Benning, Georgia.

5.  A bar to reenlistment was imposed on the applicant on 19 September 1987, for nonjudicial punishment for insubordination, for nonpayment of debts, and for receiving several negative counseling statements for his indebtedness.  On the same day, the applicant was counseled and advised of the basis for the bar to reenlistment.  He did not submit a statement in his own behalf.

6.  On 2 October 1987, the approval authority approved the bar to reenlistment and advised the applicant that he may request immediate discharge under the provisions of Army Regulation 635-200, chapter 16, should he feel he would be unable to overcome the bar to reenlistment.

7.  The applicant submitted a request to be discharged prior to his normal expiration of term of service (ETS) under the provisions of Army Regulation 
635-200, chapter 16, due to a locally imposed bar to reenlistment due to financial problems.

8.  On 21 October 1987, the separation authority approved the recommendation for discharge under the provisions of Army Regulation 635-200, paragraph 16-5, due to a locally imposed bar to reenlistment.  Accordingly, the applicant was discharged from active duty on 6 November 1987 with an Honorable Discharge Certificate.  He completed 1 year, 8 months and 1 day of creditable service and was issued a RE Code of RE-4. 

9.  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.  

10.  Table 3-6 of Army Regulation 601-210, in effect at the time, states that RE-4 applies to persons separated from their last period of service with a nonwaivable disqualification and include persons being separated with a Department of the Army Bar to Reenlistment in effect.

CONCLUSIONS:

1.  The applicant was separated under the provisions of Army Regulation 
635-200, chapter 16, due to a locally imposed bar to reenlistment and was assigned a reenlistment code of RE-4. 

2.  Table 3-6 of Army Regulation 601-210, then in effect, shows that RE-3 is appropriate for soldiers separated with a local bar to reenlistment and RE-4 is required for soldiers separated with a Department of the Army Bar to Reenlistment.

3.  It is apparent that there is an error in this case regarding the applicant’s RE code.  Therefore, it would be appropriate to change the applicant’s RE code of RE-4 to RE-3.  

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by deleting the entry “RE-4” from item 27 (Reenlistment Code) of the DD Form 214 of the individual concerned; and

b.  by adding the entry “RE-3” to item 27 (Reenlistment Code) of his DD Form 214.

BOARD VOTE:  

INW_____  HOF___  DPH_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Irene N. Wheelwright__
		        CHAIRPERSON

INDEX

CASE ID	AR2001063131	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020115	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19871106	
DISCHARGE AUTHORITY	AR635-200,chapter 16-5	
DISCHARGE REASON	Locally Imposed Bar to Reenlistment	
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.