2. The applicant requests that his reentry (RE) code of
RE-3B be corrected to the RE code he should have been assigned. He also requests that his pay grade be corrected from E-8 to E-6 on his DD Form 214.
3. He states that he never had any lost time.
4. The applicants military records show that he reenlisted on 21 June 1984 for 4 years in pay grade E-4. He was promoted to pay grade E-5 and then E-6, extending his reenlistment to meet the service remaining requirement for his last promotion.
5. On 14 April 1988 he was advised that in order to comply with the assignment instructions for Fort Campbell, Kentucky, he must have 24 months remaining until the expiration of his term of service (ETS). He refused to extend or reenlist to meet the length of service requirement and he signed a DA Form 4991-R, Declination of Continued Service Statement (DCSS). He was advised, in pertinent part, that he would be prohibited from enlisting for at least 93 days after separation and that he would be assigned an RE code of RE-3A.
6. He was honorably discharged on 21 October 1988 under the authority of Army Regulation 635-200, chapter 4, ETS. He had 6 years, 3 months and 1 day of creditable service and was assigned an RE code of RE-3B. His DD Form 214 shows that he was separated in pay grade E-6.
7. While the applicant was on active duty he was awarded the Army Achievement Medal with oak leaf cluster, and the Good Conduct Medal, he was consistently given perfect or near perfect noncommissioned officer evaluation reports, and he successfully completed Primary Leadership Development Course, Drill Sergeant School, and Basic Noncommissioned Officer Course.
8. 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.
9. Army Regulation 601-210, table 3-6 states, in pertinent part, that an individual with over 4 years of service for pay who incurs an additional service requirement and who declines to meet that additional service though reenlistment or extension will be assigned an RE-3A code. Individuals who sign a DCSS fall into this category. Individuals assigned an RE code of RE-3A are ineligible to reenlist for a period of 93 days and require a waiver prior to reentry.
10. RE-3B indicates that a person had lost time during his last enlistment.
CONCLUSIONS:
1. The evidence of record shows that the applicant signed a DCSS and was separated under the authority of chapter 4, ETS.
2. He was informed at the time he signed the DCSS that he would be assigned an RE code of RE-3A. Also, the applicable regulation states he would receive an RE-3A.
3. The applicant, in effect, has a bar to reenlistment and is not eligible for an RE code of RE-1 or RE-2.
4. However, there is no record of him ever having any of his service declared lost time. To the contrary, he was promoted rapidly, he was rated superbly, he was awarded medals which demonstrated exemplary conduct and efficiency, and he successfully completed several service schools. None of these would suggest any event which would have resulted in the applicant being assigned any lost time. As such, it appears that he was assigned an RE-3B code in error.
5. As for his pay grade, the DD Form 214 contained in his records correctly shows him as being separated in pay grade E-6.
6. In view of the foregoing, the applicants records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by changing the RE code of the individual concerned from RE-3B to RE-3A.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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