RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 February 2005
      DOCKET NUMBER:  AR20040002615


      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             |
|     |Mr. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Ms. Laverne V. Berry              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his reentry eligibility (RE) code be
changed from RE-4 to RE-3.

2.  The applicant states, in effect, that he would like the RE code changed
as a matter of equity because the RE-4 is barring him from employment and
serving his country.

3.  The applicant provides no documentation in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on
3 July 1996.  The application submitted in this case is dated 10 May 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 16 April 1992 for a
period of three years.   He reenlisted on 18 August 1994 for a period of
three years.

4.  On 30 May 1996, a Physical Evaluation Board (PEB) found the applicant
unfit for duty due to bilateral chronic knee pain, recommended a disability
rating of zero percent, and that he be separated with severance pay if
otherwise qualified.

5.  On 3 July 1996, the applicant was discharged by reason of disability,
with severance pay and assigned a RE-4 after serving 4 years, 2 months, and

18 days active service characterized as honorable.

6.  Title 10, United States Code, section 1203, provides for the physical
disability separation with severance pay of a service member who has less
than 20 years of active Federal service and has an impairment rated at less
than 30 percent disabling.


7.  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
(Regular Army and Army Reserve Enlistment Program) covers eligibility
criteria, policies, and procedures for enlistment and processing into the
Regular Army (RA) and the US Army Reserve.

8.  Paragraph 3-22b of Army Regulation 601-210 states that RE-3 applies to
persons who are not considered fully qualified for reentry or continuous
service at time of separation, but disqualification is waivable.

9.  Paragraph 3-22c of Army Regulation 601-210 states that RE-4 applies to
persons separated from last period of service with a non-waivable
disqualification.

10.  Paragraph 4-5 of Army Regulation 601-210 states that any applicant for
enlistment into the Regular Army or Army Reserve who was last separated or
discharged from any component of the Army Forces for medical reasons with
or without disability will require a waiver.

11.  Paragraph 4-24 and 4-25 of Army Regulation 601-210 lists those
disqualifications that are not waivable for enlistment in the Regular Army
or Army Reserve.  Discharge by reason of disability with severance pay is
not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE-4 should be changed to RE-3.

2.  The applicant was discharged by reason of disability with severance
pay, which is a waivable disqualification.  Therefore, the applicant should
have been assigned a RE-3 in accordance with Army Regulations.

BOARD VOTE:

___fe ___  ___lvb __  ___jrs ___ GRANT FULL RELIEF

________  ________  ________ GRANT PARTIAL RELIEF

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing the applicant was assigned a
reentry eligibility code of RE-3 instead of RE-4.




                            ________Fred Eichorn______________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002615                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050210                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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