PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 July 2003
         DOCKET NUMBER: AR2002080984


         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
Mrs. Carolyn G. Wade		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Thomas D. Howard, Jr.		Member
Mr. Thomas Lanyi		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.

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2. The applicant requests that his locally-imposed bar to reenlistment be waived and that his Reentry Eligibility (RE) Code be changed.

3. The applicant states that he would like his RE code changed to “RE-3” and his bar to reenlistment waived in order to serve his country. He states that he should have originally been discharged for hardship because his mother was diagnosed with breast cancer and he wanted to be there to support her. He states that he applied for a hardship discharge, but it was denied. He states that he then started on a destructive path so that he would be sent home from Germany. He states that there is a need for welders in the Navy and Naval Reserves, and that he wants to apply the skills he has learned as a civilian welder in serving his country. He states that he has come a long way and feels he will be an asset to his country because he is no longer a naïve and disillusioned 18 year old, but a man who wants to serve his country.

4. In support of his application, the applicant submitted a letter in his own behalf, dated 29 September 2002; a letter from the United States Army Enlistment Eligibility Activity, St Louis, Missouri, dated 11 March 1992, replying to his congresswoman; and a letter from his wife attesting to his character as a husband, father, and member of the community.

5. The applicant’s military records show that he enlisted in the Regular Army for a period of 3 years and for training in military occupational specialty (MOS) 94B, Food Service Specialist. Following completion of all required military training, the applicant was awarded MOS 94B and was assigned to Germany.

6. On 22 February 1988, the applicant was barred from reenlisting due to a lack of self-discipline and motivation for further service in the Army. He told his company commander that he could not adapt to the discipline and regulations of the Army; that he did not like his MOS; and that he could not adjust to the small amount of personal time he was allowed because he was a soldier 24 hours a day.

7. On 1 March 1988, the applicant, perceiving that he would be unable to overcome the locally imposed bar to reenlistment, voluntarily requested separation under the provisions of Chapter 16, paragraph 16-5, Army Regulation 635-200, by reason of a locally-imposed bar to reenlistment. The applicant also acknowledged that he understood that once separated, he would not be permitted to reenlist at a later date. The applicant’s unit commander recommended that the applicant’s request be approved. The separation authority approved the applicant’s request for separation and directed that the applicant be discharged from active duty with an honorable characterization of service.

8. Accordingly, on 4 April 1988, the applicant was honorably discharged after completing 10 months and 27 days of creditable military service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his RE code as RE-4.

9. On 29 September 2002, the applicant applied to the Army Discharge Review Board (ADRB) for a change in his RE code and a waiver of his bar to reenlistment. The request was not within the purview of the ADRB and it was forwarded to this Board for review.

10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 16 covers discharges caused by changes in service obligations. Paragraph 16-5 applies to personnel denied reenlistment and provides that soldiers who receive DA-imposed or locally-imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar may apply for immediate discharge. Incident to the request, the member must state that he understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and that later reenlistment is not permitted. Army policy states that the service of personnel separated under this paragraph will be characterized as honorable.

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

12. Army Regulation 635-5-1, Separation Program Designator (SPD) Codes, contains narrative reasons for discharge, the appropriate SPD codes for those narrative reasons, and a cross-reference to the applicable RE code. Soldiers separated for the purpose of a locally-imposed bar to reenlistment are issued an RE code of RE-3, if they have less than 18 years of service.

CONCLUSIONS:

1. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.

2. The applicant has failed to show, through the evidence submitted with his application or the evidence or record that the bar to reenlistment was in error or unjust. Therefore, the Board concludes that the bar to reenlistment was appropriate and finds no reason to waive it.

3. According to Army Regulation 635-5-1, a soldier with less than 18 years of military service who has a locally-imposed bar to reenlistment will be given an RE code of RE-3.

4. The Board carefully reviewed the applicant's records and determined that he had less than 18 years of military service and his bar to reenlistment was locally-imposed. Therefore, the RE code given the applicant at the time of discharge is incorrect. The applicant’s RE code should have been RE-3 and not RE-4.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) showing that the appropriate RE code for his narrative reason for discharge and amount of time in service is RE-3.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__jns___ __tdh___ __tl____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           John N. Slone
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080984
SUFFIX
RECON
DATE BOARDED	20030722
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19890404
DISCHARGE AUTHORITY	AR 635-200, Chap 16
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	100.0300
2.
3.
4.
5.
6.