2.  The applicant requests, in effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.  He also  states, in effect, that he was honorably discharged from service and he would like to re-enter the Armed Forces in  an active duty or reserve status.

3.  He was born on 28 October 1968.  He completed 12 years of formal education.  On 24 February 1987, he enlisted in the Regular Army for 3 years.  He completed the required training and was awarded military occupational specialty 71D10 (Legal Specialist).  On 5 December 1989, the applicant was honorably discharged, after serving 1 year, 9 months and 
12 days of creditable active service.  On 6 December 1989, the applicant immediately reenlisted for 4 years.  

4.  On 20 June 1991, while attending the Primary Leadership Course, the applicant was selected to the Commandant’s List for exceeding all course standards in the areas of physical fitness training, drill and ceremonies, land navigation and map reading.  On 1 September 1992, the applicant was promoted to pay grade E-5.  

5.  On 13 December 1993, the applicant was honorably discharged in pay grade E-5 under the provisions of Army Regulation 635-200, chapter 4, (Expiration term of service). He had completed 6 years, 9 months and 20 days of honorable military service.  He was awarded the Army Achievement Medal (4th Award), the Good Conduct Medal (2nd Award), the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon and the Overseas Service Ribbon.

6.  On 27 March 1997, the Retention Management Division at PERSCOM, in a telephonic comment to the Board, advised that it had determined that the applicant’s DD Form 214 was erroneously annotated with reenlistment code of RE-3.

CONCLUSIONS:

1.  The evidence of record indicates that the applicant was honorably discharged and was assigned a reentry code.  However, the reentry code is not commensurate with the applicant's overall character of military service.

2.  There is no evidence in the applicant’s record which indicates that he had any disqualifications which would have established the basis for him receiving the reentry code of RE-3.  This is supported by a telephonic opinion provided by the Retention Management Division at PERSCOM.

3.  It is the opinion of this Board, that the applicant's DD Form 214 was erroneously annotated with an reentry code RE-3.
4.  Therefore, in the interest of justice, and in the light of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s record as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing a DD Form 215 (Corrections to the DD Form 214), Certificate of Release or Discharge by showing that the individual concerned was honorably discharged on 13 December 1993, and received a reentry code of RE-1.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON