APPLICANT REQUESTS: That his reentry (RE) code of RE-3C be corrected to RE-3A.
APPLICANT STATES: That he signed a declination of continued service statement when he neared the expiration of his term of service (ETS). He was told in that statement that if he refused to take action to meet the length of service commitment he had incurred (when he was selected for a permanent change of station), he would be assigned an RE-3A code upon his separation. Therefore, the code he was assigned, RE-3C, is in error.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 18 September 1986 in pay grade E-1. He was promoted to pay grade E-3 and reenlisted on 19 May 1988 for 3 years. He was promoted to pay grade
E-4 and, on 26 July 1989, he extended his term of service to
18 February 1993 to meet the service remaining requirement for an overseas tour. On 28 September 1992 he signed a declination of continued service statement in which he was told that if he refused to take action to meet the length of service commitment he had incurred when he was selected for a permanent change of station, he would be assigned an RE-3A code upon his separation.
On 18 February 1993 he was honorably released from active duty by reason of his reaching his retention control point under the authority of Army Regulation 635-200, paragraph
16-8. The DD Form 214 he was issued at that time shows that he had a total of 6 years, 5 months and 1 day of service and that he was assigned an RE-3C code.
Army Regulation 635-200, paragraph 16-8, provides for the early separation of enlisted soldiers due to reduction in force, strength limitations, or budgetary constraints.
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 in the Regular Army and for processing into 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.
RE-3C applies to persons who have completed more than 4 months service who do not meet the basic eligibility pay grade requirements of chapter 2, Army Regulation 601-280, or who have been denied reenlistment under the Qualitative Retention Process according to chapter 10, Army Regulation 601-280.
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. The applicant was not eligible to reenlist based on his pay grade and years of service. Therefore, the assignment of RE-3C was appropriate in his case.
2. However, the applicant is also correct that, by his declination to obligate himself to sufficient service to fulfill the service commitment he had incurred, he should have also been assigned an RE-3A code.
3. In addition, since the applicant served until his ETS, it appears that the reason and authority for his separation is in error..
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.
NOTE: The Commander, Army Reserve Personnel Center will be requested to determine whether the applicants DD Form 214 for the period ending 18 February 1993 should be administratively corrected to change the reason and authority for his separation, and whether the code RE-3A should be added.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
David R. Kinneer
Executive Secretary
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