APPLICANT REQUESTS:  That his reentry eligibility (RE) code be changed from RE-3 to RE-1.

APPLICANT STATES:  That he was under a flag at the time of separation, but the flag was removed by his commander.  In effect, he equates the flag with the RE-3 code on his separation document (DD Form 214).

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

He enlisted in the Regular Army for 2 years on 6 August 1991.  On 9 December 1993, he was honorably discharged with 2 years, 4 months, and 4 days of creditable, active Federal service.  His grade at the time of his separation was E-3.

The applicant’s DD Form 214 reflects his RE code as RE-3, not eligible to reenlist without a waiver.  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 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.  Persons who have completed more than 4 months service and who do not meet the basic eligibility pay grade requirements of chapter 2, Army Regulation 601-280 are also given an RE code of RE-3.  Paragraph 2-22c states that soldiers in grade E-3 are not authorized to reenlist if, at the time of reenlistment, they have over 24 months of active Federal service.

In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from the Total Army Personnel Command (PERSCOM).  The PERSCOM expressed the opinion that the applicant's reentry eligibility code is correct.

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

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement

2.  The applicant’s RE code has nothing to do with any flag which may have been imposed against the applicant at the time of separation.  The RE code is related to his grade at separation.

3.  In accordance with applicable Army regulations, soldiers in grade E-3 are not eligible to reenlist if they have more than 24 months of service at the time of separation.  An RE code of RE-3 is appropriate.  The applicant was separated as an E-3 with more than 28 months of active Federal service.

4.  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