2. The 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.
3. He was born on 10 September 1967. He completed 12 years of formal education. On 26 November 1985, he enlisted in the Regular Army for 4 years. He completed the required training and was awarded military occupational specialty 41C20 (Fire Control Instrument Repairer). On 12 July 1989, the applicant reenlisted for 3 years after serving 3 years, 7 months and 16 days of active service. The highest grade he achieved was pay grade E-5.
4. On 25 November 1991, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for leaving his appointed place of duty without proper authority. His imposed punishment was a reduction to pay grade E-4 (suspended), a forfeiture of 1/2 months pay (suspended) and 45 days extra duty.
5. Between November 1991 and May 1992, the applicant was counsel on three different occasions for leaving his appointed place of duty without proper authority, for his duty performance and for indebtedness.
6. On 25 June 1992, the applicant received a letter of reprimand for failure to follow instructions, for being disrespectful to his superior officer and for failure to repair.
7. On 27 July 1992, the applicant was barred from reenlistment. The commanders decision was based on the applicants continual problems with his personal finances, problems with property accountability and his duty performance. The applicant was counseled and advised of the basis for the action.
8. On 29 July 1992, the applicant was honorably discharged in pay grade E-5 under the provisions of Army Regulation 635-200, chapter 4, (Expiration term of service). He had completed 6 years, 8 months and 4 days of honorable active military service. He was awarded the Army Achievement Medal, the Good Conduct Medal, the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon and the Overseas Service Ribbon. He was assigned a reentry code of RE-4.
9. RE-4 applies to individuals separated from the last period of service with a nonwaivable disqualification and are ineligible for enlistment.
10. 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.
11. 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 waiver.
12. On 9 April 1997, the Retention Management Division at PERSCOM, in a telephonic comment to the Board, advised that it had determined that the applicants DD Form 214 was erroneously annotated with reenlistment code of RE-4.
CONCLUSIONS:
1. The evidence of record indicates that the applicant was honorably discharged and was assigned a reentry code. However, the reentry code is not commensurate with the applicant's overall character of military service.
2. There is no evidence in the applicants record which indicates that he had a disqualification which would have established the basis for him receiving the reentry code of RE-4. This is supported by a telephonic opinion provided by the Retention Management Division at PERSCOM.
3. It is the opinion of this Board, that the applicant's DD Form 214 was erroneously annotated with an reentry code RE-4. The applicant should have received a reentry code of RE-3. Although this reentry code RE-3 does not qualified him for continued Army service this reentry code is waivable.
5. Therefore, in the interest of justice, and in the light of the foregoing findings and conclusions, it would be appropriate to correct the applicants record as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by issuing a DD Form 215 (Corrections to the DD Form 214), by showing that the individual concerned was honorably discharged on 29 July 1992, and that he was assigned a reentry code of RE-3.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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