APPLICANT REQUESTS:  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 disqualification’s which preclude reenlistment.

APPLICANT STATES:  His DD 214 reflects a code of RE 3 and that he is unable to obtain a good job.  He also states that because of this code employers think that he was a bad soldier.  He complained that he was never given legal advice.

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

The applicant was enlisted in the Regular Army on 
18 January 1994 for 3 years.  He was honorably discharged on 
6 September 1995, prior to completion of his term of service.  He was discharged under Army Regulation 635-200, paragraph 5-13, based on a Personality Disorder.  He was assigned code 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 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.  Those discharged under the provisions of chapters 9, 10, 13, 14 and paragraph 5-13 of Army Regulation 635-200, are so disqualified.

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(s), it is concluded:

1.  In view of all of the circumstances in this case, the applicant is not entitled to a change or removal of his assigned RE-3 code, or to removal of the disqualification which caused assignment of the code.  He has not shown error or injustice for the relief he now requests.

2.  His contentions have been noted by the Board; however, there is now no error or injustice in his record.  The RE-3 code which was assigned is appropriate, and there is no basis for removal of the code of the disqualification which establishes the basis for the code.  The Board concludes that he has been properly assigned code RE-3 based on the reason for his discharge.  He has not shown otherwise.

3.  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 injustice.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

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