APPLICANT REQUESTS:  That her reentry (RE) code of RE-3 be corrected to a code of RE-1.  

APPLICANT STATES:  That there was no reason which would warrant her being assigned a code of RE-3.

EVIDENCE OF RECORD:  The applicant's military records show:

She enlisted for 4 years in pay grade E-1 on 11 May 1989, was promoted to pay grade E-4 with a waiver of the time in service, was promoted to pay grade E-5, and was awarded the military occupational specialty of military police.

On 19 January 1990 the applicant was given a memorandum of admonishment for allowing her police partner of equal rank to drive a military police vehicle down a golf cart path, damaging the vehicle.

In 1991 the applicant was processed for fraudulent enlistment based on the fact that she, as a single parent who had legally given custody of her child to her mother, regained custody of her child.  Her fraudulent entry was waived and she was retained.  

On 21 July 1991 the applicant accepted nonjudicial punishment under Article 15, UCMJ, for twice failing to go at the time prescribed to her place of duty, for making false accusations against fellow soldiers, and for lying to her superiors about those accusations.

On 24 November 1992 the applicant again accepted nonjudicial punishment for failing to go to her appointed place of duty.  Her punishment consisted of a reduction to pay grade E-4.

On 10 May 1993 the applicant was honorably released from active duty in pay grade E-4 at the expiration of her term of service and transferred to the USAR Control Group (Reinforcement).  The DD Form 214, Certificate of Release or Discharge from Active Duty, she was given at that time shows she was assigned a code of RE-3.

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, then in effect, covered eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the Army Reserve.  Chapter 3 of that regulation prescribed basic eligibility for prior service applicants for enlistment.  That chapter included a list of armed forces RE codes.

Army Regulation 601-210, table 3-6, lists the various RE codes and describes the reason(s) a soldier is assigned a particular code.  The code of RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant was assigned an RE-3 code because of her two nonjudicial punishments.  

2.  As such, the applicant’s statement that there was no reason for her to be assigned a code of RE-3 is incorrect.

3.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director