RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            10 May 2005
      DOCKET NUMBER:   AR20040005903


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. Antonio Uribe                 |     |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, in effect, that his reentry (RE) code be
changed to allow him to reenter military service.

2.  The applicant states, in effect, that through no fault of his own he
was discharged.  He claims that during his absence from the unit, he
attempted to contact a recruiter concerning an Inter-State Transfer.

3.  The applicant provides an application to the Army Discharge Review
Board (ADRB) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he enlisted in the Washington Army
National Guard (WAARNG) on 19 December 1996.  He was trained in, awarded
and served in military occupational specialty (MOS) 63W (Wheel Vehicle
Repairer) and the highest rank he attained was specialist/E-4 (SPC/E-4).

2.  On 12 September 2000, the applicant received an under other than
honorable conditions (UOTHC) discharge from the WAARNG under the provisions
of paragraph 1-26k, Appendix A (Enlisted Separations), All States
Memorandum, dated 20 October 1998, by reason of unsatisfactory participant.


3.  The applicant’s record does not contain a separation packet containing
the specific facts and circumstances surrounding his separation processing.
 There is a separation document (NGB Form 22) on file that confirms the
authority and reason for the applicant’s discharge.  This document confirms
that the applicant was assigned an RE code of RE-4 based on the authority
and reason for his discharge.

4.  On 9 May 2003, the ADRB voted to upgrade the applicant’s discharge to a
general, under honorable conditions discharge (GD) and to change the
authority and reason for his discharge from the Reserve of the Army to
paragraph 4-4, Army Regulation 135-178, by reason of Secretarial Authority.



5.  The ADRB further recommended that The Adjutant General (TAG) of the
States of Washington upgrade the applicant’s discharge from the WAARNG to a
GD and change the authority and reason for his discharge to paragraph 27y,
National Guard Regulation (NGR) 600-200, by reason of “as a result of
discharge from the Reserve of the Army”.  The ADRB further recommended that
his WAARNG record be corrected to show he received an RE-3 code, as
specified in paragraph 6-27y, NGR 600-200, unless the WAARNG TAG felt an RE-
1 code assignment would be more appropriate.

6.  In a 20 July 2004 Memorandum, the Chief, Personnel Division, National
Guard Bureau (NGB), indicated that the actions recommended by the ADRB had
been completed and a new NGB Form 22 had been published accordingly.  The
corrected NGB Form 22 shows that the authority for the applicant’s
discharge is paragraph 8-27y, NGR 600-200 and that the narrative reason for
discharge is “as a result of discharge from the Reserve of the Army”.  This
separation document also shows that based on the authority and reason for
the applicant’s discharge, he was assigned an RE-Code of RE-3.

7.  NGR 600-200 establishes standards, policies, and procedures for the
management of ARNG enlisted Soldiers.  Chapter 8 provides the policy for
separation/discharge from the ARNG.  Paragraph 8-27y provides the authority
to discharge members from the ARNG based on their discharge from the
Reserve of the Army.  The regulation authorizes the assignment of RE-3 for
members discharged from the ARNG for this reason.

8.  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.  RE-3 applies to persons who are disqualified
for continued Army service, but the disqualification is waivable.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to upgrade his RE code because his discharge
was through no fault of his own was carefully considered.  However, there
is insufficient evidence to support relief beyond that granted as a result
of the ADRB action on this case.

2.  The evidence of record confirms the ADRB action resulted in an upgrade
of the applicant’s discharge to a GD and a change in the narrative reason
for discharge from the Reserve of the Army to Secretarial Authority.

3.  The record also confirms that based on the recommendation of the ADRB,
the WAARNG upgraded the applicant’s discharge to a GD and changed the
authority and reason for his discharge to paragraph 8-27y, NGR 600-200, by
reason of “as a result of discharge from the Reserve of the Army”.
Further, the WAARNG changed the applicant’s RE code from RE-4 to RE-3.

4.  The evidence of record supports the changes recommended by the ADRB and
implemented by the WAARNG.  However, absent any evidence of error or
injustice that would warrant further relief, the RE-3 code now assigned the
applicant remains valid.

5.  The applicant is advised that although no further change to his RE code
is recommended, this does not mean he is being denied reenlistment.  While
RE-3 does apply to persons who are not considered fully qualified for
reentry or continuous service; there are provisions that provide for a
waiver of the disqualification.  If he desires to reenlist, he should
contact a local recruiter to determine his eligibility.  Those individuals
can best advise a former service member as to the needs of the Army at the
time, and are required to process
RE code waivers.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___BPI__  __AU ___  ___JLP__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            ____Jennifer L. Prater_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040005903                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/05/10                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |2000/09/12                              |
|DISCHARGE AUTHORITY     |NGR 600-200                             |
|DISCHARGE REASON        |Reserve of the Army Discharge           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|                      2.|100.0300                                |
|4                       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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