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

APPLICANT STATES:  That he signed a declination of continued service (DCSS) when he received orders assigning him to Korea because he would have had to have extended his reenlistment to fulfill the time remaining requirement for that tour of duty, which he did not want to do because he had plans to further his education as a civilian and then return to military service.  He was assured that if he signed the DCSS that he would be separated from active duty at the expiration of his term of service (ETS).  However, he was retained beyond his ETS due to the Persian Gulf war which, he contends, invalidated his DCSS.

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

He enlisted in the Regular Army for 3 years on 5 July 1985 in pay grade E-1.  He was promoted to pay grade E-4 and extended his enlistment for 2 months on 16 December 1986 to satisfy a service remaining requirement.  He was promoted to pay grade E-5 and reenlisted for 3 years on 16 February 1988.

On 3 January 1990 he was advised that in order to comply with his assignment instructions for Korea, he must have 12 months remaining on his enlistment effective 1 September 1990.  He refused to extend or reenlist to meet the length of service requirement and signed a DCSS.  He was advised, in pertinent part, that he would be prohibited from enlisting for at least 93 days after separation and that he would be assigned an RE code of RE-3A.

The applicant was honorably released from active duty on 13 May 1991 under the authority of Army Regulation 635-200, chapter 4, ETS.  The DD Form 214 he was issued shows that he had a total of 5 years, 10 months and 9 days of service and was assigned an RE code of RE-3A.  That form also shows that the applicant was retained on active duty for 87 days as essential to national security (due to the commencement of hostilities during Operation Desert Shield/Desert Storm).

A DA message, dated 12 January 1990, subject: Voluntary Separation of Soldiers Barred from Reenlistment, stated, in pertinent part, that an individual who signed a DCSS and remained on active duty until ETS would be separated under the authority of Army Regulation 635-200, chapter 4, and assigned an RE code of RE-3A.  The individual would be ineligible to reenlist for a period of 93 days and would require a waiver prior to reentry.  The message further stated that an individual who elected to be separated prior to ETS would be separated under the authority of Army Regulation 635-200, paragraph 16-5, DCSS, and assigned an RE code of RE-3.  The individual would be ineligible to reenlist for a period of 2 years and would require a waiver prior to reentry.  Both the RE-3 and RE-3A codes may be waived at the discretion of the Department.

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 evidence of record shows that the applicant signed a DCSS and was separated under the authority of chapter 4, ETS. Therefore, the assignment of an RE code of RE-3A was appropriate.

2.  He was informed at the time he signed the DCSS that he would be assigned an RE code of RE-3A.  Also, the applicable policy in effect at that time stated he would receive an RE code of RE-3A.

3.  Although the applicant was retained on active duty for a short period of time during Operation Desert Shield/Storm, that fact does not negate the applicability of his DCSS. There is no evidence that the applicant attempted to comply with his service remaining requirement during the 87 days he was retained on active duty.  In the absence of evidence that the applicant had a change of heart and attempted to reenlist or extend his reenlistment during that time, there is no reason to grant him an exception to policy to reenlist.

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




		David R. Kinneer
		Executive Secretary