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ARMY | BCMR | CY1997 | 9706278
Original file (9706278.rtf) 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 : That the initial DD Form 214 he received had RE-1 on it; currently it is RE-3. He states he is a top non-commissioned officer.

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

He was born on 31 October 1968. He completed 12 years of formal education. He enlisted in the Regular Army on 23 July 1987 for 3 years. He completed basic training and advanced individual training and was awarded military occupational specialty 91A (Medical Specialist). He reenlisted on 20 July 1990 for 3 years. On 1 October1991, he extended that enlistment an additional 17 months.

On 21 July 1994, the applicant’s unit commander recommended non-judicial punishment under Article 15, Uniform Code of Military Justice for three instances of failure to repair and one of dereliction in the performance of his duties with a recommended sentence of a reduction to pay grade E-4. The special court-martial convening authority, after investigation, found one of the failure to repair charges to be without foundation but upheld the other charges. He approved a sentence of a suspended reduction to pay grade E-4, a forfeiture of $600 pay for 2 months and 30 days extra duty and restriction. The applicant appealed the Article 15 to the commanding general, who denied the appeal.

The applicant was eligible for and requested reenlistment during the period of this Article 15 action. Because he was not able to reenlist before entering the 3-months prior to expiration term of service (ETS) reenlistment window, he required an exception to policy from Headquarters, Department of the Army (HQDA). On 27 September 1994, HQDA disapproved the exception to policy, stating “soldier has over 7 years time in service and it took him about 6 years to get promoted to sergeant. Soldier is not currently promotable. Soldier is not competitive with his peers to warrant meritorious consideration.”

Two non-commissioned officer evaluation reports (NCO-ERs) are on file. The NCO-ER for the period May through November 1993 shows four “success” and one “excellence” ratings. The rater marked him “fully capable” for overall potential for promotion; his senior rater marked him a low “superior” rating for performance and a mid “superior” rating for overall potential for promotion. The NCO-ER for the period February through November 1994 shows the rater gave him one “excellence” rating, two “success” ratings and two “needs some improvement” ratings. The rater marked him as “marginal” for overall potential for promotion and the senior rater marked him as “fair” for overall performance and overall potential for promotion.

The applicant was released from active duty on 19 December 1994, under the provisions of Army Regulation 635-200, Chapter 4, for completion of required active service, in pay grade E-5 with a reentry code of RE-3. His separation designator code of “JBK” indicates this was an involuntary discharge. He had completed 7 years, 4 months and 27 days of creditable active service and had no lost time. His awards included the Army Achievement Medal 1 st Oak Leaf Cluster and the Good Conduct Medal 2d award. His military education included the Primary Leadership Development Course and Basic Airborne.

On 25 May 1995, the applicant enlisted in the Army National Guard. He enlisted in the Army Reserve on 26 May 1996.

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 U.S. 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 waiverable.

Soldiers denied reenlistment by HQDA fall into this category.

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, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program. Since enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver.
 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, it is concluded:

1. 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.

2. In view of the fact that HQDA denied his request to reenlist, the assigned reentry eligibility code of RE-3 was and still is appropriate. The applicant was disqualified from reenlistment, but the disqualification is waiverable.
(RE 2B would not have been appropriate, as that was for soldiers who voluntarily separated under an early release program; RE-2C would not have been appropriate, as that was for soldiers who had reached their reenlistment control point, which the applicant had not.)

3. 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

Loren G. Harrell
                                                      Director

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