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ARMY | BCMR | CY1997 | 9711389
Original file (9711389.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 : In effect, so she can decide if she chooses to reenlist or not.

EVIDENCE OF RECORD : The applicant’s military records show:
She was born on 22 November 1961. She completed 12 years of formal education. She enlisted in the Regular Army on 6 January 1981 for 3 years. She completed basic training and advanced individual training and was awarded military occupational specialty 76C (Equipment Records and Parts Specialist).

On 24 November 1981, the applicant was placed on the Temporary Disability Retired List (TDRL) for a diagnosis of schizophrenia. At this time she was given a reentry code of “4.”

On 13 February 1984, the Physical Evaluation Board (PEB) reviewed her case, considered her condition stabilized sufficiently for rating purposes and determined she should be permanently retired at 30 percent disability. The applicant did not respond when the findings and recommendations were mailed to her; therefore, it was assumed she accepted those findings and recommendations.

The applicant was permanently retired on 10 April 1984 with 30 percent disability.

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-4 applies to persons ineligible to reenlist with a non-waiverable disqualification. It is applicable to individuals discharged for the purpose of retirement.

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 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. A reentry code of “4” was and is appropriate for an individual discharged for the purpose of retirement.

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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