APPLICANT REQUESTS: In effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.
APPLICANT STATES: No contention submitted.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 5 November 1971. He completed 12 years of formal education. On 24 November 1992, he enlisted in the Regular Army for 4 years. His Armed Forces Qualifications Test score was 60 (Category II).
Between December 1992 and January 1993, the applicant was formally counseled on three different occasions about his lack of motivation and his poor duty performance.
On 7 January 1993, a report of mental status evaluation diagnosed the applicant as having adjustment disorder with mixed emotional features, personality disorder not specified with passive aggressiveness, antisocial and avoidance personality traits. The applicant had no mental defects sufficient to warrant separation through medical channels. That report also indicated that the applicant was mentally responsible, could distinguish right from wrong, and adhere to the right. The psychiatrist recommended that the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 11-3a.
On 8 January 1993, the applicant accepted nonjudicial punishment, under Article 15, Uniform Code of Military Justice, for being disrespectful and for disobeying a lawful order. His imposed punishment was a forfeiture of $175 pay, 14 days restriction and extra duty.
On 13 January 1993, the applicant was notified that his commander was recommending a discharge under the provisions of Army Regulation 635-200, paragraph 11-3a, with an entry level status performance and conduct discharge. The recommendation was based on the applicants lack of motivation, self discipline and his in ability to perform scheduled task. The applicant was advised by legal counsel of the basis for the contemplated separation action and the rights available to him. The applicant waived personal appearance, consideration, and representation by counsel before a board of officers. He was afforded the opportunity to submit statements in his own behalf, but declined to do so.
On 20 January 1993, the appropriate authority approved the recommendation and directed the issuance of an entry level discharge. On 21 January 1993, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-200, paragraph 11-3a (entry level status performance and conduct) with an uncharacterized character of service discharge. He had completed 1 month and 21 days of creditable active service. He was given an RE code of 3.
Army Regulation 635-200 provides in pertinent part for an entry level separation when the service member has not completed more than 180 days before the date of the initiation of the separation action, and it provides for the issuance of an uncharacterized discharge.
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 (RA) 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, including RA 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 9, 10, 13, and 14 of Army Regulation 635-200.
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 of Army Regulation 601-210 (RA and Army Reserve Enlistment Program). There is no evidence that the applicant has applied through his recruiter for a wavier.
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. 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 the aforementioned requirement
2. The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.
3. The applicant was separated and assigned a reentry code in accordance with regulations then in effect.
4. There appears to be no basis for removal or waiver of that disqualification which established the basis for the RE code.
5. In view of the circumstances in this case, the assigned RE code was and still is appropriate.
6. 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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