MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 August 2002
	DOCKET NUMBER:   AR2002076965

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Jose A. Martinez		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 and

APPLICANT REQUESTS:  That his reentry (RE) code be changed and that he receive his final pay.

APPLICANT STATES:  That he received an honorable discharge; however, the National Guard will not enlist him because his RE code is 4.  He provides his Certificate of Release or Discharge from Active Duty, DD Form 214, and a         2-page Enlisted Separation Processing Handout sheet as supporting evidence.

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

He enlisted in the Regular Army on 25 May 2001 for 4 years for an $8,000 cash enlistment bonus.  His Statement of Understanding United States Army Incentive Enlistment Program, DA Form 3286-66, paragraph 5a(3) informed him that he had to remain qualified in his incentive military occupational specialty (MOS) for the duration of his initial enlistment.  He completed basic training and advanced individual training and was awarded MOS 14T (Patriot Missile Crewmember).

The applicant’s discharge packet is not available.  On 5 April 2002, he was discharged with an honorable characterization of service under the provisions of Army Regulation 635-200, chapter 9 for alcohol rehabilitation failure.  He had completed 10 months and 11 days of creditable active service with no lost time.  He was given a separation designator (SPD) code of JPD (involuntary discharge under the provisions of Army Regulation 635-200, chapter 9 for alcohol rehabilitation failure) and an RE code of 4.

Records at the Defense Finance and Accounting Service – Indianapolis Center (DFAS-IN) show that the applicant did not have any pay due at the time he was separated because he owed the Government $4,877.09 for collection of his enlistment bonus.

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 U.S. 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-4 applies to persons not qualified for continued Army service and the disqualification is not waivable.  

The Separation Program Designator Code (SPD)/Reentry (RE) Code Cross-Reference Table dated March 2001 states that when the SPD is JPD then RE code 4 is given.

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.  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.

2.  In the absence of evidence to the contrary, it is presumed that the applicant was properly discharged for alcohol rehabilitation failure.  In that case, he was given the proper SPD and the assigned RE code of 4 was and still is appropriate. The applicant was disqualified from reenlistment and the disqualification is not waivable.  RE codes are based upon the reason for separation, not the characterization of service.

3.  Records at DFAS-IN show that the applicant owed the Government a debt of $4,877.09 for the collection of his $8,000 enlistment bonus.  By being discharged early he failed to remain qualified in his incentive MOS and his enlistment bonus was properly recouped.  It appears that the recoupment resulted in a no-pay-due status when he separated.

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

__JNS __  __INW __  __JAM __    DENY APPLICATION

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

INDEX

CASE ID	AR2002076965	
SUFFIX		
RECON		
DATE BOARDED	2002/08/15	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.	128.15	
3.		
4.		
5.		
6.