RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            07 SEPTEMBER 2006
      DOCKET NUMBER:   AR20060003204


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Susan Powers                  |     |Chairperson          |
|     |Mr. Jonathan Rost                 |     |Member               |
|     |Mr. David Haasenritter            |     |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 her reentry eligibility (RE) code be change
from an RE-3 to one which would allow her to reenter the military without a
lengthy administrative process, and to serve her country where she belongs.

2.  The applicant states that she served honorably for 10 years and was
separated from the Army at the expiration of her term of service.  She
states that she and her company commander were not in agreement and that
she believes her commander had an influence on the RE code that she was
furnished.  She states that her commander's actions toward her were very
personal and unprofessional.

3.  The applicant provides in support of her application two letters from
friends and a letter from the Tuscaloosa Recruiting Station, Station
Commander, attesting to her good character and post service conduct.

CONSIDERATION OF EVIDENCE:

1.  On 15 October 1993, she enlisted in the United States Army Reserve
(USAR) under the Delayed Entry Program, for 8 years, in the pay grade of E-
1.  She enlisted in the Regular Army for 3 years on 7 December 1993, and
she successfully completed her training in motor transportation operation.
She remained on active duty through a series of reenlistments.

2.  She was promoted to the pay grade of E-2 on 7 June 1994, the pay grade
of E-3 on 1 October 1994, the pay grade of E-4 on 1 February 1995, and to
the pay grade of E-5 on 27 August 1999.

3.  The available records show that the applicant was honorably discharged
on 20 December 2003, under the provisions of Army Regulation 635-200,
chapter 4, due to completion of required active service.  She had completed
10 years and 14 days of net active service.  She was assigned a JBK
(completion of required active service) separation code, and an RE-3 code.

4.  An RE-3 code applies to persons not qualified for continued Army
service, but the disqualification is waivable.  Certain persons who have
received bars to reenlistment are so disqualified.




5.  Army Regulation 601-210 provides the guidance for the issuance of RE
codes upon separation from active duty.  It states, in pertinent part, that
these codes are not to be considered derogatory in nature, they are simply
codes that are used for identification of an enlistment processing
procedure.  This regulation further states that when a Soldier is assigned
a JBK separation code (which indicates that although an individual has
completed her required active service, the discharge was involuntary),
he/she will be assigned an RE-3 code.

6.  Recruiting personnel have the responsibility for initially determining
whether an individual meets current enlistment criteria.  They are required
to process a request for waiver under the provisions of chapter 4, Army
Regulation 601-210 (Regular Army and Army Reserve Enlistment Program).
Therefore, since enlistment criteria does change, and since the applicant
has the right to apply for a waiver, it is suggested that she periodically
visit her local recruiting station to determine if she should apply for a
waiver.

DISCUSSION AND CONCLUSIONS:

1.  There is no basis for removal of the RE code from the applicant's
record.  The disqualification upon which the code was based however, can be
waived for reenlistment purposes.

2.  It appears that the applicant was separated and assigned an RE code in
accordance with the applicable regulations.

3.  The applicant's contentions have been noted.  The letters from her
friends and the Tuscaloosa Recruiting Station, Station Commander, have also
been noted.  However, as previously stated, recruiting personnel have the
responsibility for initially determining whether an individual meets
current enlistment criteria.  Therefore, she should visit her local
recruiting station to apply for a waiver.

4.  In order to justify correction of a military record the applicant must
show 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.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___DH __  __JR ___  ___SP___  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.





                                  ______Susan Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003204                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20031220                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 4                        |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.  1021 |100.0000/ADMINISTRATIVE MATTERS         |
|2.  4                   |100.0300/CHANGE OF RE CODE              |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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