APPLICANT REQUESTS: That his reentry (RE) code of RE-3
be upgraded and that his Separation Program Designator
(SPD) be changed to a code which would allow him to
enlist in the USAR.
APPLICANT STATES: That his general discharge has been
upgraded to fully honorable by the Army Discharge Review
Board (ADRB), and he believes that his RE and SPD codes should now be changed to coincide with that upgrade.
EVIDENCE OF RECORD: The applicant's military records
show:
He enlisted in the Regular Marine Corps on 27 December
1972, was awarded the military occupational specialty of
military police, and was promoted to pay grade E-4. On
9 December 1975 he was honorably transferred to the
Marine Corps Reserve. He had a total of 2 years, 11
months and 13 days of active service.
On 6 May 1976 the applicant enlisted in the Regular Army
in pay grade E-4.
On 21 September 1976, while still in training, the
applicant's commander submitted a recommendation for his
discharge under the Expeditious Discharge Program. The
applicant was notified of his commander's intent to eliminate him from the service. Thereafter, the applicant consented to the discharge.
The aforementioned recommendation was approved and the applicant was issued a general discharge under the provisions of the Expeditious Discharge Program on 28 October 1976. The DD Form 214 he was issued shows that he was assigned a corresponding SPD of JGH and an RE code of
RE-3. He had 5 months and 23 days of active duty during that period of service.
Army Regulation 635-200 sets forth the basic authority
for the separation of enlisted personnel. That
regulation, in effect at the time, provided, in
pertinent part, for the discharge of individuals within
l80 days of their first enlistment in the Regular Army, who are in a training status, who lacked the necessary
motivation, discipline, ability or aptitude to become a
productive soldier. This program, known as the Trainee
Discharge Program, mandated the award of an honorable
discharge. That regulation also provided for the
expeditious discharge of soldier's who had served at
least 6 but not more than 36 months of continuous active
duty on their first enlistment in the Army, and who had
demonstrated poor attitude, lack of motivation, lack of
self-discipline, inability to adapt socially or
emotionally, or failure to demonstrate promotion
potential. When separation was directed under those
provisions, an Honorable or General Discharge
Certificate could be issued, as appropriate.
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 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.
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 5
of Army Regulation 635-200.
Army Regulation 635-5-1, in effect at the time, lists the
SPDs for various separations. The SPD "JEM" denoted a person who was discharged under the provisions of paragraph 5-33, Army Regulation 635-200, Trainee Discharge Program. The SPD JGH denoted a person who was discharged under the provisions of paragraph 5-37, Expeditious Discharge Program.
On 21 February 1984 the ADRB upgraded the applicant's
discharge to fully honorable, changed the reason for his discharge to Trainee Discharge Program, and changed his SPD to "JEM."
DISCUSSION: Considering all the evidence, allegations,
and information presented by the applicant, together
with the evidence of record, and applicable law and
regulations, it is concluded:
1. The code of RE-3 assigned to the applicant was appropriate for both the Trainee Discharge Program and the Expeditious Discharge Program.
2. Contrary to the applicant's contentions, the fact that the ADRB upgraded his discharge, and changed the reason and authority for that separation along with the corresponding SPD, those actions do not have the affect of changing his RE code.
3. Therefore, the RE-3 code he was assigned was and is proper and there is no reason to change it.
4. The applicant's SPD had been changed when his discharge was upgraded and now accurately reflects his discharge as changed by the ADRB and there is no reason to alter it.
5. 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
David R. Kinneer
Executive Secretary
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