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: His DD 214 reflects a code of RE 3 and that he is unable to obtain a good job. He also states that because of this code employers think that he was a bad soldier. He complained that he was never given legal advice.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was enlisted in the Regular Army on
18 January 1994 for 3 years. He was honorably discharged on
6 September 1995, prior to completion of his term of service. He was discharged under Army Regulation 635-200, paragraph 5-13, based on a Personality Disorder. He was assigned code RE-3.
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. Those discharged under the provisions of chapters 9, 10, 13, 14 and paragraph 5-13 of Army Regulation 635-200, are so disqualified.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. In view of all of the circumstances in this case, the applicant is not entitled to a change or removal of his assigned RE-3 code, or to removal of the disqualification which caused assignment of the code. He has not shown error or injustice for the relief he now requests.
2. His contentions have been noted by the Board; however, there is now no error or injustice in his record. The RE-3 code which was assigned is appropriate, and there is no basis for removal of the code of the disqualification which establishes the basis for the code. The Board concludes that he has been properly assigned code RE-3 based on the reason for his discharge. He has not shown otherwise.
3. 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 injustice. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. 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
ARMY | BCMR | CY1996 | 9607871C070209
EVIDENCE OF RECORD: The applicant's military records show: The applicant was enlisted in the Regular Army on 18 October 1983 for 4 years. 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. The Board concludes that the applicant was separated and assigned code RE-3 in accordance with regulations then in effect.
ARMY | BCMR | CY2001 | 2001059778C070421
APPLICANT REQUESTS: In effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. He was not granted leave so he requested to be released from active duty. The applicant was separated and assigned a reenlistment code in accordance with regulations then in effect.
ARMY | BCMR | CY1996 | 9605816C070209
APPLICANT REQUESTS: In effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow enlistment. The MEBD recommended that the applicant be separated from service under chapter 5, Army Regulation 635-40. 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 | BCMR | CY1995 | 9508951C070209
APPLICANT REQUESTS: Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. Under the qualitative screening subprogram, records for grades E-5 through E-9 are regularly screened by the DA promotion selection boards. Soldiers whose continued service is not warranted receive a QMP bar to reenlistment.
ARMY | BCMR | CY2001 | 2001064793C070421
APPLICANT REQUESTS: Correction of appropriate military records to show a reentry eligibility (RE) code, which would allow reenlistment. 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. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001064793SUFFIXRECONDATE BOARDED20020326TYPE OF DISCHARGEHDDATE OF...
ARMY | BCMR | CY1995 | 9507486C070209
APPLICANT REQUESTS: In effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. On 1 January 1996, the Army Discharge Review Board denied the applicants request for an upgrade of his reentry code. There is no evidence that the applicant has applied through his recruiter for a waiver.
ARMY | BCMR | CY1995 | 9507436C070209
APPLICANT REQUESTS: In effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. On 1 January 1996, the Army Discharge Review Board denied the applicants request for an upgrade of his reentry code. There is no evidence that the applicant has applied through his recruiter for a waiver.
ARMY | BCMR | CY1996 | 9605117C070209
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. 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. Certain persons who have received...
ARMY | BCMR | CY1995 | 9509346C070209
APPLICANT REQUESTS: In effect, Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. On 28 July 1986, the commander notified the applicant that he was initiating action for discharge under the provisions of Army Regulation 635-200, chapter 5-13, for personality disorder. On 7 August 1986, the applicant was discharged in pay grade E-6 under the provisions of Army Regulations 635-200, chapter 5-13, (personality disorder), with an...
ARMY | BCMR | CY1995 | 9510425C070209
On 21 April 1993, the applicant was discharged, in pay grade E-4, under the provisions of Army Regulation 635-200, paragraph 16-5b (Locally imposed bar to reenlistment), with an honorable discharge. There is no evidence that the applicant has applied through his recruiter for a waiver. The Regulation requires that at the time of discharge reentry codes will be assigned based on the service records and the reason for the discharge; therefore, the applicant was assigned reentry eligibility...