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 disqualifications which preclude reenlistment.
APPLICANT STATES: In effect, that because the Army treated him unfairly, he requests that his bar to reenlistment be removed and that his grade be restored.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 23 July 1963. He completed 12 years of formal education. On 23 November 1983, he enlisted into the Regular Army for 3 years. His Armed Forces Qualification Test score was 32 (Category III). He completed the required training and was awarded military occupational specialty 76V10 (Materiel Storage & Handling Specialist). His service thereafter was continuous through reenlistment and extension. The highest grade he achieved was pay grade E-4.
Between 11 April and 6 December 1990, the applicant was formerly counseled on five different occasions for disobeying a direct order, for failure to follow instruction, for failure to repair, for using provoking speech and gestures and for failure to maintain accountability of his weapon.
On 13 December 1990, a bar to reenlistment was initiated against the applicant by his commander. The recommendation was based on the applicants numerous counseling sessions and action indicating that he could not be rehabilitated for productive military service. The applicant was counseled and advised of the basis for the action.
On 3 June 1991, the applicant was informed that the bar to reenlistment was approved and he was advised of his rights to appeal. The applicant waived his rights to appeal.
On 25 November 1991, the applicant accepted monjudicial punishment, under Article 15, Uniform Code of Military Justice, for being disrespectful to a commissioned officer and for disobeying a lawful order. His imposed punishment was a forfeiture of $150 pay, a reduction to pay grade E-3 and 14 days extra duty.
On 11 March 1992, a medical examination found the applicant medically fit for retention.
On 24 March 1992, the applicant was discharged, in pay grade E-3, under the provisions of Army Regulation 635-200, chapter 4, (Expiration Term of Service) with an honorable discharge. He had completed 5 years, 10 months and 18 days of creditable active service. He was awarded the Army Good Conduct Medal, the National Defense Service Medal and the Army Achievement Medal. He was given a reentry code of 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. 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.
Army Regulation 601-280 prescribes the eligibility criteria and options available in the Army Reenlistment Program. Chapter 6 of that regulation provides for barring from reenlistment individuals whose continued active duty is not in the best interest of the military service. This chapter specifies that bars will be used when immediate administrative discharge from active service is not warranted. Examples of rationale for reenlistment disqualification include, but are not limited to, AWOL, indebtedness, recurrent nonjudicial punishment, slow promotion progression, no demonstrated potential for future service, and substandard performance of duties.
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 bar to reenlistment was in accordance with laws and regulations applicable at the time. The reentry code is commensurate with the applicants overall record of military service.
3. In regard to the applicants request for restoration of his rank or enlisted grade. There is no legal basis for granting the applicants request.
3. There appears to be no basis for removal or waiver of that disqualification which established the basis for the reentry eligibility code.
4. In view of the foregoing, there is no basis for granting the applicants requests.
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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