APPLICANT REQUESTS:  Correction of appropriate military records to show a reentry eligibility (RE) code which would allow enlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude enlistment.  Also, he requests that his rank and pay grade be restored.

APPLICANT STATES:  He has two RE codes on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  If he wants to enlist, he must first be granted a waiver.  He feels that his enlistment should be fully qualified.  The pay grade/rank was a demotion for acts occurring on 15 June and 5 July 1983.  His proper grade/rank was never restored.

EVIDENCE OF RECORD:  The applicant's military records show:

He was born on 11 February 1962.  On 28 April 1981, he enlisted in the Regular Army, in pay grade E-1, for 3 years. His Armed Forces Qualification Test score was 16 (Category IV).  He completed his required training and was awarded military occupational specialty 19E10 (M48-M60A1/A3 Armor Crewman).  He was advanced to pay grades E-2 and E-3 effective 28 October 1981 and 30 April 1982, respectively.

Four Personnel Actions indicate that the applicant’s duty status changed from ordinary leave to absent without leave (AWOL) effective 0001 hours, 3 September 1982; that his duty status changed from AWOL to present for duty effective 1430 hours, 4 September 1982; that his duty status changed from present for duty to confined by the civilian authorities effective 0105 hours, 19 September 1982; and that his duty status changed from confined by the civilian authorities to present for duty effective 1245 hours, 20 September 1982.

On 23 September 1982, the applicant, while serving in pay grade E-3, received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for being disrespectful in language towards his superior noncommissioned officer (NCO); for disobeying a lawful order from his superior warrant officer to get a sleeping bag and report back to him so that he could sleep at battalion headquarters; for wrongfully and unlawfully assault his superior NCO by swinging at him with his fist; by wrongfully and unlawfully kick a private first class in the groin with his feet; for being drunk and disorderly in quarters; and for wrongfully and unlawfully communicate to his superior NCO a threat to bodily harm him.  His imposed punishment was reduction to pay grade E-2, a forfeiture of $150 per month for 2 months (suspended), extra duty for 30 days, and restriction for 30 days.  He did not appeal.  On 5 November 1982, the suspension of the punishment of forfeiture of $150 per month for 2 months was vacated since the applicant had used provoking words towards a NCO on 21 October 1982.

On 19 May 1983, the applicant, while serving in pay grade 
E-2, received NJP under Article 15, UCMJ, for disobeying a lawful order from his superior NCO to stay on post and not borrow any civilian cloths; for being derelict in the performance of his duties in that he negligently fell asleep in his room during an alert and did not return to his tank as it was his duty to do; and for, as a result of previous indulgence in intoxicating liquor, being incapacitated for the performance of his duties.  His imposed punishment was reduction to pay grade E-1, a forfeiture of $133 for 1 month, extra duty for 14 days, and restriction for 14 days.  He did not appeal.

On 13 June 1983, the applicant, while serving in pay grade E-1, received NJP under Article 15, UCMJ, for disobeying a lawful order from his superior NCO to be at ease; and for being disrespectful in language towards his superior NCO.  His imposed punishment was a forfeiture of $133 for 1 month, extra duty for 14 days, and restriction for 14 days.  He did not appeal.

There is no evidence in the available records that the applicant was advanced to a higher grade after his reduction to pay grade E-1 on 19 May 1983.



On 23 April 1986, this Board considered a previous application submitted by the applicant.  The Board only recommended that his military records be corrected by setting aside the NJP under Article 15, UCMJ, which was imposed on 4 August 1983, and by restoring to him all rights, privileges, and property lost as the result of such NJP (Note:  The applicant was serving in pay grade E-1 at the time that this NJP was imposed); by removing from his Official Military Personnel File the record of proceedings of NJP under Article 15, UCMJ, administered on 4 August 1983, and all documents related thereto; by voiding the discharge under honorable conditions which was issued to him on 8 September 1983, and by showing that he continued to serve on active duty until 27 April 1984, when he was separated from the service, with an honorable discharge certificate, by reason of expiration of term of service under the provisions of chapter 4, Army Regulation 635-200; by returning to him all benefits and property he lost as the result of his discharge under honorable conditions; and by deleting from his military personnel and medical records any and all references to the urinalyses of the specimens he submitted on 15 June and 5 July 1983.

On 13 May 1986, the recommendation of the Board was approved.  The records custodian was advised to correct the applicant’s records as approved.  Also, it was requested that the applicant’s records be evaluated after the corrections, which had been directed, had been accomplished, and such changes to the reentry code(s) as may be appropriate be made.

A new DD Form 214 was prepared by the records custodian indicating that the applicant was honorably discharged on 27 April 1984, in pay grade E-1, under chapter 4, Army Regulation 635-200 (expiration of term of service); that he had completed 2 years, 11 months, and 28 days active military service; that he had reentry codes of RE-3B and 
RE-3C; and that he had time lost on 3 September 1982 and 19 September 1982.  (Note:  On his previous DD Form 214, he had reentry codes of RE-3 and RE-3B.)

On 29 January 1987, the records custodian furnished the applicant his new separation documents and advised him that all references related to the NJP imposed on 4 August 1983 and all documents related thereto had been deleted from his Army military and medical records to include references to the positive urinalysis of the specimens submitted on 15 June 1983 and 5 July 1983.

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 U.S. 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 Regular Army RE codes.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received NJP 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.  Since 1 October 1985, having received NJP is no longer a disqualification for the purpose of reenlistment.

RE-3B indicates that a person had lost time during his last enlistment.

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.

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, Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program).  The Army enlistment standards depend upon the needs of the Army at the time of application for enlistment.  There is no inherent right by a former soldier to be enlisted in the Army.  The Army chooses its enlistees from among those best qualified to meet the Army’s requirements.  A former soldier should periodically visit his or her local recruiting station so as to keep abreast of the changing recruiting needs of the Army.  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, and 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 this requirement.

2.  The evidence of record indicates that the applicant was reduced to pay grade E-1, effective 19 May 1983, as a result of being administered NJP under Article 15, UCMJ.  His reduction was not as a demotion for acts occurring on 15 June 1983 and 5 July 1983 as he alleges since the demotion occurred prior to those dates.  There is no evidence that he was advanced to a pay grade higher than E-1 after 19 May 1983.

3.  There appears to be no basis for removal or waiver of those disqualifications which established the basis for the reentry codes, which were changed to RE-3B and RE-3C after the correction of the applicant’s records based on the Board’s prior action.  The Board notes that the disqualifications upon which the RE codes were based, however, can be waived for enlistment purposes.

4.  In view of the circumstances in this case, the assigned reentry codes, as changed by the records custodian after the correction of the applicant’s records based on the Board’s prior action, were and still are appropriate.
5. In view of the foregoing, there is no basis for granting the applicant's 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