2. The applicant requests correction of his military records to show a reentry eligibility (RE) code of RE-1. In effect, this constitutes a request for removal or waiver of those disqualifications which preclude enlistment. Also, he requests, in effect, a change to his separation code (separation program designator (SPD)). 3. The applicant states that the teachings upon which he based his application for discharge from the service as a conscientious objector have recently been rescinded due to their incompatibility with Biblical Scripture; that these doctrinal errors were discovered by the Worldwide Church of God prior to his application for discharge, but were not revealed to the membership until September 1995; and that, if he had been aware of these doctrinal errors, he would not have sought discharge from the service. 4. The applicant was born on 14 February 1962. On 22 February 1985, he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program, in pay grade E-1. His Armed Forces Qualification Test score was 99 (Category I). On 9 April 1985, he enlisted in the Regular Army (RA), in pay grade E-1. On 17 June 1986, he was discharged, in pay grade E-5, under Army Regulation 635-200, paragraph 16-1a(2) (ordered to Active Guard/Reserve tour as a USAR commissioned or warrant officer). He had completed 1 year, 2 months, and 9 days active military service. 5. On 18 June 1986, he accepted a USAR warrant officer appointment, and was ordered to active duty, as a warrant officer one, for 4 years. On 18 June 1988, he was promoted to chief warrant officer two (CW2). 6. On 18 August 1988, the applicant submitted a statement indicating that, based upon his religious beliefs and convictions, he considered himself to be a conscientious objector; that he intended to apply for separation from the service based upon his beliefs which had solidified over the last several months; that he requested assignment to non-combatant duties and exemption from training of a combatant nature; and that he requested consideration be given to his being exempt from working on Saturdays (specifically Friday sunset to Saturday sunset) and certain other annual Holy Days. 7. A statement, dated 8 September 1988, by a chaplain indicated that the applicant’s claim was based upon a religious belief; that he believed that the applicant was sincere in his beliefs; and that the beliefs of the applicant were as deeply held as were other religious beliefs which he professed. 8. A Report of Mental Status Evaluation, dated 19 September 1988, indicated that the applicant was evaluated in conjunction with his request for conscientious objector status, and that there was no apparent mental disease or disorder which would preclude approval of the status or require a disposition through medical channels. 9. On 23 September 1988, the applicant submitted a request for classification as a conscientious objector (1-0) in accordance with Army Regulation 600-43. He indicated that, due to his present religious convictions, he found himself no longer able to conscientiously continue in the role of an attack helicopter pilot; and that the basis of his belief centered around what he believed to be the teaching of the Bible concerning war, military service, murder, and the type of environment necessary for an individual being trained in those things. Also, he indicated that other indicators as to the depth of his convictions included: the fact that he was working towards becoming baptized; his willingness to be subjected to court-martial and confinement if necessary because of his religious beliefs; his refusal to bear arms against his fellow man; his weekly attendance of Sabbath services; his traveling great distances to attend Holy Day services; and his fasting (no food or water) on the Day of Atonement (one of God’s Holy Days). 10. The applicant waived his right to appear at an investigating hearing. The investigating officer indicated that the applicant’s claim of conscientious objection appeared resultant from a sincerely held religious conviction; that the applicant truly believed that service in the Armed Forces, either killing or training to kill, was in violation of God’s law; that the applicant’s beliefs had evolved over the past 2 years and crystallized in July 1988; that the applicant displayed a vast knowledge of the Bible and religious philosophy; that the applicant appeared to be honest and devout in his beliefs; that the applicant’s demeanor and statements during their interview were consistent with those of a pacifist; that the applicant was in the process of becoming baptized in the Worldwide Church of God, which advocated pacifism and observance of a weekly Sabbath beginning sunset Friday and ending sunset Saturday; that his application was based on a sincere belief and not on expediency or any ulterior motives; and that he recommended that the applicant be discharged. 11. On 17 January 1989, a staff judge advocate indicated, in effect, that the evidence was clear and convincing that the applicant held personal convictions that precluded him from engaging in warfare of any form or in the support of war; that the applicant’s personal convictions stemmed from deeply held religious beliefs founded upon traditional Judeo-Christian principles; that the Holy Bible was the primary source for those beliefs; that the applicant was working toward membership in the Worldwide Church of God which denounced all forms of warfare and required strict adherence to observation of the Sabbath; and that he recommended approval of the applicant’s request for discharge as a conscientious objector. 12. The applicant’s regiment, brigade, and division commanders recommended approval of the applicant’s request. On 28 February 1989, the Department of the Army Conscientious Objector Review Board advised the applicant’s command that his application was approved for conscientious objector status (1-0), and that he would be discharged. 13. Orders, dated 16 March 1989, discharged the applicant from the USAR effective 31 March 1989 under Army Regulation 600-43. 14. The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) indicated that he was honorably discharged, as a CW2, on 31 March 1989 under Army Regulation 600-43 (conscientious objector). He had completed 2 years, 9 months, and 13 days active military service during that period. He received a separation code of “KCM” and a reentry code of “RE-4.” 15. A statement, dated 25 April 1996, from a pastor indicated, in effect, that the Worldwide Church of God had changed its position of conscientious objection to military service in the past 2 years; that the church was in transition doctrinally on the subject of military service, and had not drafted a final position paper; that in recent months the Worldwide Church of God had dropped its strict pacifist stance; that members could now freely join police or military forces; and that, in the performance of the state’s God-given duty, could use deadly force. 16. A statement, dated 5 July 1996, by the applicant’s former regimental commander highly recommended approval of the applicant’s request to change his RE code to RE-1. 17. The Office of the Deputy Chief of Staff for Personnel (ODCSPER), in a comment to the Board, advised that, if the Board determines that the applicant is eligible and qualified to reenter the Army, a waiver of conscientious objector status would be considered; that this is based on the fact that the Worldwide Church of God publicly changed its stance on pacifism; that this waiver consideration pertains only to enlisted status; that, presently, the Army is excess in AH-1 pilots and no active recall of this specialty is being considered; and returning to the Army as an officer would not be favorably considered. 18. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR. 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. The reentry code of RE-1 applies to persons completing their term of active service who are considered qualified to reenter the U.S. Army. The reentry code of RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable. The reentry code of RE-4 applies to persons separated from their last period of service with a nonwaivable disqualification. 19. Army Regulation 601-210, at table 4-1 (Waivable Moral and Administrative Disqualifications), line Z, in effect at the time of the applicant’s discharge, provided that prior service applicants who previously were conscientious objectors, but who no longer were conscientious objectors could apply for a waiver. The approval authority was the Commanding General (CG), U.S. Total Army Personnel Agency, for prior service applicants desiring enlistment in the RA, and the CG, U.S. Army Recruiting Command, for prior service applicants desiring enlistment in the USAR. 20. Army Regulation 601-210, at chapter 4, currently in effect, provides the waiver and nonwaiver enlistment criteria. Paragraph 4-11 states that prior service applicants who previously were conscientious objectors, but who no longer are conscientious objectors, must not have been discharged by reason of conscientious objection under the provisions of Army Regulation 600-43. The approval authority for enlistment in the RA or the USAR is the CG, U.S. Total Army Personnel Command. Paragraph 4-25 provides nonwaiver disqualifying separations, which includes discharged by reason of conscientious objection per Army Regulation 600-43. 21. Army Regulation 601-210, at paragraph 3-3, currently in effect, provides, in pertinent part, that a prior service applicant is eligible for enlistment if not less than 18 years of age, not reached the 55th birthday, and can qualify for retired pay by age 60. A prior service applicant is eligible for RA enlistment if he or she is 35 years of age or older, but less than 55 years of age, and is not more than 35 (35th birthday) years of age, plus prior honorable active service completed in any of the U.S. Armed Forces. Paragraph 4-14 provides that a waiver for applicants who exceed the age criteria for enlistment into the RA are not considered. The age criteria for enlistment into the RA is governed by statute. Waivers for RA enlistment will not be considered with or without prior military service. A waiver may be submitted for enlistment into the USAR for applicants who have prior military service only. The approval authority is the CG, USAR Personnel Center. 22. Army Regulation 601-280, at paragraph 2-20, in effect at the time of the applicant’s discharge, indicated that soldiers being separated as conscientious objectors before completion of their term of service under Army Regulation 600-43 were ineligible for immediate reenlistment. These soldiers could be eligible to apply for RA enlistment under Army Regulation 601-210 at a later date. 23. Army Regulation 600-43, in effect at the time of the applicant’s discharge and currently in effect, provides that, when discharged because of conscientious objection, Army Regulation 600-43 will be entered as the separation authority and “RE-4” will be entered as the reentry code on the applicant’s DD Form 214. 24. Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. Also, it provides the instructions for preparing a DD Form 214. It indicates that the proper SPD representing the reason for separation would be entered in the block for the separation code. At the time of the applicant’s discharge, it indicated that chapters one and two of Army Regulation 601-280 should be seen for the RE codes, and that the proper RE code would be entered in the block for that code. Effective 2 October 1989, the regulation was changed indicating that Army Regulation 601-210 determines RE and regulates the assignment of the RE code; that reentry codes are not assigned to officers, and “NA” will be entered in this block for officers; and that, for the SPD of “KCM,” the RE code would be “RE-4.” 25. Army Regulation 635-5-1 provides the SPDs, which are used in statistical accounting to provide the reasons for separation. The SPD codes are three-character alphabetic combinations which identify reasons for and types of, separation from active duty. The SPD “KCM” reason for separation is conscientious objection. CONCLUSIONS: 1. The evidence of record indicates that the applicant was a conscientious objector at the time that he applied for separation, and that he was discharged as a conscientious objector on 31 March 1989. Therefore, his SPD is correct on his DD Form 214. Accordingly, there is no basis to change his SPD. 2. The applicant was not then or now eligible for a reentry code of RE-1 since he did not complete his term of service and was discharged as a conscientious objector. 3. At the time of the applicant’s discharge, Army Regulation 600-43 provided that “RE-4” would be entered as the reentry code on the DD Form 214. 4. Notwithstanding the foregoing, at the time of the applicant’s discharge, Army Regulation 601-210 provided that prior service applicants who previously were conscientious objectors, but who no longer were conscientious objectors could apply for a waiver. Also, Army Regulation 601-280, then in effect, provided that soldiers being separated as conscientious objectors before completion of their term of service under Army Regulation 600-43 were ineligible for immediate reenlistment, but these soldiers could be eligible to apply for RA enlistment under Army Regulation 601-210 at a later date. 5. In view of the differences in the governing regulations at the time of the applicant’s discharge on 31 March 1989 regarding the reentry code, it appears that his reentry code should be RE-3. However, in view of the subsequent change to Army Regulation 635-5 that reentry codes are not assigned to officers, the Board concludes that it would be an injustice to the applicant if the reentry code is not removed in view of the fact that the Worldwide Church of God has changed its stance on pacifism and the applicant has indicated, in effect, that he no longer is a conscientious objector. Therefore, it would be appropriate to remove the reentry code of “RE-4” and enter “NA” in block 27 for the reentry code on the DD Form 214 for the period of service ending on 31 March 1989. 6. Based on the information obtained from the ODCSPER, the applicant is ineligible to return to the Army as an officer since the Army is in excess of AH-1 pilots and no active recall of that specialty is being considered. However, a waiver of his conscientious objector status will be considered only in an enlisted status if he is eligible and qualified to reenter the Army. 7. The Board cannot determine the applicant’s eligibility for enlistment. 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 chapter 4, Army Regulation 601-210. Therefore, it is suggested that the applicant visit his local recruiting station to determine his eligibility for enlistment/appointment in the RA, the USAR, and/or the Army National Guard. If he is physically and morally qualified, a waiver will be processed in view of the opinion from the ODCSPER. 8. In view of the foregoing, it would be appropriate to correct the applicant’s records, but only as recommended below. RECOMMENDATION: 1. That all of the Department of the Army records related to this case be corrected by removing the entry “RE-4” and adding the entry “NA” in block 27 for the reentry code on the DD Form 214 for the period of service ending on 31 March 1989 of the individual concerned. 2. That so much of the application as is in excess of the foregoing be denied. BOARD VOTE: GRANT AS STATED IN RECOMMENDATION GRANT FORMAL HEARING DENY APPLICATION CHAIRPERSON