APPLICANT REQUESTS: In effect, 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 disqualifications which preclude reenlistment.
APPLICANT STATES: He states, in effect that due to a natural disaster involving his finances, he requested an immediate discharge.
COUNSEL CONTENDS: No contentions were submitted. The counsel did not respond to record review letter sent on
26 September 1996.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 15 August 1964. He completed 12 years of formal education. On 24 November 1993, the applicant reenlisted in the Regular Army for 4 years with 6 years and 16 days of honorable active service. The highest grade he achieved was pay grade E-4.
On 1 December 1993, the applicant was reported for being absent without leave. He was returned to military control on 12 December 1993. The applicants record does not indicate that he was punished for the misconduct.
The applicants record indicates that the commander barred him from reenlistment. However, particulars are missing from his files. The applicant signed a DA Form 4187 (Personnel Action) requesting that he be discharged from the service in accordance with Army Regulation 635-200, paragraph 16-5b, due to a locally imposed bar to reenlistment of which he was unable to overcome; that he understood that if he is separated before his normal expiration term of service is approved, it will be for his own convenience; that he understood that recoupment of unearned portions of Enlistment Bonus (EB)/Selective Bonus (SRB) is required, and that once separated he will not be permitted to reenlist at a later date.
On 12 January 1994, the applicants request for discharge was approved by the battalion commander. On 26 January 1994, the applicant was discharged, in pay grade E-4, under the provisions of Army Regulation 635-200, paragraph 16-5b (Non retention on active duty), with an honorable discharge. He had completed 1 month and 22 days of active military service during this enlistment. He was assigned a reentry code of RE-3.
On 1 January 1996, the Army Discharge Review Board denied the applicants request for an upgrade of his reentry code.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 16 covers discharges caused by changes in service obligations. Paragraph 16-5 applies to personnel denied reenlistment and provides that soldiers who receive DA imposed or locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar may apply for immediate discharge. Incident to the request the member must state that he understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and that later reenlistment is not permitted
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.
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 the provisions of chapter 4 of Army Regulation 601-210 (RA and Army Reserve Enlistment Program). There is no evidence that the applicant has applied through his recruiter for a waiver.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, 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 Regulation requires that at the time of discharge reentry codes will be assigned based on the service records and the reason for the discharge; therefore, the applicant was assigned reentry eligibility code RE-3.
3. There appears to be no basis for removal or waiver of those disqualifications which established the basis for the reentry eligibility codes.
4. In view of the circumstances in this case, the assigned reentry eligibility code was and still is appropriate.
5. There is no basis for granting the applicants 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
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