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ARMY | BCMR | CY2002 | 2002069230C070402
Original file (2002069230C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 9 May 2002
         DOCKET NUMBER: AR2002069230

         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. Lee Cates Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Mr. John N. Slone Member
Ms. Terry L. Placek 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 her records be corrected to show her reentry eligibility code is RE-1. (The applicant requested relief from the Army Discharge Review Board using DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) and that her request is accepted as application to the Army Board for Correction of Military Records.

APPLICANT STATES: That she would like to reenter the reserves. Currently, the Air Force Reserve is only allowed to recruit people with a reentry code of 1.

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

During the period 13 February through 13 August 1996, she was a member of the Army Reserve Delayed Enlistment Program.

On 14 August 1996, she enlisted in the Regular Army (RA) for 4 years. She completed her required training and was awarded military occupational specialty 91B (Medical Specialist).

On 23 June 1999, she was honorably separated under Army Regulation 635-200, chapter 8, based on her pregnancy. Her separation document indicates she had 2 years, 10 months and 10 days of creditable service. She was issued an RE code of 3.

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 RA and the 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-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

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 was discharged and assigned an RE code in accordance with regulations then in effect. There appears to be no basis for removal or waiver of that disqualification which established the basis for the RE code.

2. In view of the circumstances in this case, the assigned RE code was and still is appropriate.
3. The Board notes the RE-3 code is waivable for enlistment purposes, and that she may visit her nearest recruiter for this purpose.

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 this 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

_jhl____ _tlp____ _jns___ DENY APPLICATION




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



INDEX

CASE ID AR2002069230
SUFFIX
RECON
DATE BOARDED 20020509
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 100.030
2.
3.
4.
5.
6.


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