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Decision Text

ARMY | BCMR | CY1996 | 9607003C070209
Original file (9607003C070209.txt) Auto-classification: Denied
APPLICANT REQUESTS:  That his reentry (RE) code of RE-3C be corrected to RE-1.

APPLICANT STATES:  That he believes that he should have been assigned an RE-1 code based on the fact that he was honorably discharged, that he had served 33 months on active duty, and that he was awarded numerous awards and decorations.

In support of his application he submits a letter from his former platoon sergeant in which the platoon sergeant explains that the applicant was an outstanding soldier with enormous potential.

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

He enlisted for 4 years in pay grade E-1 on 21 July 1989, was awarded the military occupational specialty of military police, and was promoted to pay grade E-4.  He was reduced from pay grade E-4 to E-3 on 4 August 1992 and was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) on 10 August 1992 under the auspices of the 1992 early transition program.  His DD Form 214 shows that he had served 3 years and 20 days of active duty and was assigned an RE code of RE-3C.

His significant awards include the Army Achievement Medal and the Army Commendation Medal.

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, or who have been denied reenlistment under the Qualitative Retention Program according to chapter 10, Army Regulation 601-280.

Army Regulation 601-280, paragraph 2-22, specifies that individuals in pay grade E-3 are ineligible to reenlist unless they enlisted for 2 years and are reenlisting with less than 24 months of active duty.

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 was separated in pay grade E-3, had more than 24 months of active duty, and was serving on a 4-year enlistment.  Therefore, he was not eligible to reenlist.

2.  The applicant’s unblemished record up to the time of his reduction, his performance and potential, and his awards and decorations are commendable.  However, an RE-3C is assigned solely on pay grade and years of service.
 
3.  As such, the assignment of RE-3C in his case was appropriate and there is no reason to change it.

4.  In view of the preceding, 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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