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ARMY | BCMR | CY1996 | 9607871C070209
Original file (9607871C070209.txt) Auto-classification: Denied
APPLICANT REQUESTS:  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:  Her recruiter told her to put down that she had never been in the service before and also that she had no law violations when he knew that she had.

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

The applicant was enlisted in the Regular Army on 18 October 1983 for 4 years.  She was not advanced to pay grade E-2.

During her basic training she was recommended for discharge under the trainee discharge program for her inability to adapt, total lack of desire or commitment to complete basic training and obvious immaturity.

The recommendation was approved and she was discharged on 
15 December 1983 under the authority of Army Regulation 635-200, chapter 11, for entry level status performance and conduct.  She was credited with 12 month and 28 days of active duty.  She was assigned code RE-3.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11, paragraph 5-31 of that regulation, in effect at the time, provided, in pertinent part, for the separation of personnel because of unsatisfactory performance or conduct (or both).  This policy applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation or self discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service.

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 chapter 11 of Army Regulation 635-200.

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 view of the circumstances in this case, the applicant is not entitled to a change or upgrade of her assigned code of RE-3.  She has not shown error or injustice, or any other satisfactory justification for the relief she now requests.

2.  The Board concludes that the applicant was separated and assigned code RE-3 in accordance with regulations then in effect.

3.  Her contentions have been noted by the Board; however, they are not sufficiently supported by her records or her application.  There is no error or injustice in this case. She was properly assigned code RE-3 based on her discharge. She has not shown otherwise.  Therefore, there is no basis for changing it or for removing it from her records.

4.  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.

5. 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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