APPLICANT REQUESTS: That his reentry (RE) code be changed to a more favorable code, and that it be shown that he was awarded the military occupational specialty (MOS) of tactical satellite/microwave systems operator.
APPLICANT STATES: That he was not informed of the negative repercussions of an RE-3 code when he accepted his separation. As for the award of his MOS, he has a certificate of completion for the service school which trained him in that skill.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the USAR with no prior service in pay grade E-1 on 19 January 1988. He enlisted under the alternate training program, an enlistment option which provides for undergoing basic combat training one summer and advanced individual training (skill training) the following summer.
He attended basic combat training from 10 June to 11 August 1988.
He enlisted in the Regular Army for 4 years on 27 June 1989 and was given an uncharacterized separation by reason of entry level status performance and conduct on 5 December 1989. In conjunction with his discharge from the Regular Army, he was transferred to the USAR Control Group (Annual Training). The DD Form 214 he was issued shows that he attended a 17 week school for tactical satellite/microwave systems operator, that he was not awarded an MOS, and that he was assigned an RE-3 code. (The facts and circumstances leading to his entry level separation are not in the record.)
On 24 June 1992 he accepted an assignment to a USAR unit and entered on active duty on 8 July 1992 for MOS qualification. However, he was released from active duty on 16 July 1992 due to his failure to bring his military clothing issue (uniforms) with him.
Prior to his being rescheduled for active duty for MOS qualification, he submitted a request to be discharged from the USAR due to his wife being pregnant.
Based on that request, on 25 August 1992 the applicants commander notified him that he was considering him for separation due to entry level status performance and conduct due to his failure to complete his initial active duty for training. That notification was sent certified mail and was received by the applicant. The applicant failed to respond to that notification.
On 22 September 1992 the applicants commander submitted a recommendation for his discharge for entry level status performance and conduct under the provisions of chapter 5, Army Regulation 135-178. That recommendation was approved and he was given an uncharacterized separation on 13 October 1992.
Pertinent Army regulations provide for the separation, in an entry level status, of new personnel who are recommended for separation during their initial l80 days of active duty or, in the case of reservists, prior to their completion of initial active duty for training and award of an MOS, usually due to their inability to complete their training. These personnel are given an uncharacterized discharge, unless they are being discharged for misconduct wherein a discharge under other than honorable conditions is warranted. An honorable discharge will be granted to personnel in an entry level status only if their service is so outstanding as to warrant an exception to policy by the service secretary concerned.
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 indicates that a person was not qualified for continued Army service, but the disqualification is waivable. Persons separated under Army Regulation 135-178, chapter 5, are assigned a code of RE-3. However, under today's standards, the Department has imposed strict enlistment standards to meet the reduced demands of the Army and a very limited number of waivers are being granted.
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 applicant is contesting the RE code he was assigned when he was separated from the Regular Army. Although the facts and circumstances are not available, the Board must presume administrative regularity in his separation process.
2. An RE-3 code was appropriate for an entry level status performance and conduct separation. The applicant has not submitted any evidence or argument which would warrant changing a correctly assigned RE code.
3. As for the applicant being awarded an MOS, although he attended the service school for 17 weeks, the fact that he received an entry level status performance and conduct separation verifies that he was never awarded the corresponding MOS. If he had been awarded the MOS, he could not have been given an entry level status performance and conduct separation in accordance with pertinent Army regulations.
4. 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
Karl F. Schneider
Acting Director
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