APPLICANT REQUESTS: That his reentry (RE) code of RE-3 be corrected to RE-2.
APPLICANT STATES: That he needs his RE code changed because he wants to enlist in an ARNG unit.
In support of his application an ARNG unit commander wrote that the applicant is being assigned to his unit and requests that his RE code be changed to RE-2.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army for 4 years in pay grade E-1 on 24 July 1990. He was promoted to pay grade E-3 and awarded the military occupational specialty of infantryman.
On 17 December 1992 action was initiated to discharge the applicant due to a pattern of misconduct under the provisions of chapter 14, Army Regulation 635-200. That recommendation was based on two arrests for driving under the influence of alcohol, one count of operating a motor vehicle on a suspended or revoked drivers license, and one count of operating a motor vehicle with a false post decal sticker.
On 5 February 1993 the applicant was issued a General Discharge Certificate for a pattern of misconduct. The
DD Form 214, Certificate of Release or Discharge from Active Duty, he was given shows he was assigned a 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, then in effect, covered eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the Army Reserve. Chapter 3 of that regulation prescribed basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes.
Army Regulation 601-210, table 3-6, lists the various
RE codes and describes the reason(s) a soldier is assigned a particular code. The code of RE-2 is assigned to individuals who were separated before completing a contracted period of service whose reenlistment is not contemplated. Individuals who are assigned a code of RE-2 are fully qualified to reenlist without a waiver. The code of 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.
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 applicants RE code is correct and there is no reason to change it.
2. The fact that the applicant desires to join an ARNG unit is commendable, but is not sufficiently mitigating to grant his request.
3. In view of the foregoing, 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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