| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Shirley L. Powell | Chairperson | |
| Mr. John P. Infante | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: Correction of appropriate military records to show a reentry (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 he separated on an honorable discharge and he still has a Reserve obligation. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant’s military records are not available. The information contained herein was obtained from alternate sources.
He enlisted in the Regular Army (RA) on 11 January 1995 for 3 years. On 10 January 1998, he was released from active duty under the provisions of Army Regulation 635-200, chapter 4 upon completion of his required active service in pay grade E-3. He was given a reentry code of 3. He had completed 3 years of creditable active service and had no lost time.
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 RA and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. It states that applicants are eligible for enlistment if they qualify under listed criteria. Total Active Federal Service (AFS) will be considered in determining eligibility. It provides that if the applicant was last separated in grade E-3 with not more than 2 years of AFS in the RA and the original enlistment was for 2 years and the applicant is otherwise qualified, he is eligible for enlistment. That chapter also 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.
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.
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 this requirement.
2. Since the applicant last separated from the RA as an E-3 with more than 2 years of AFS, the assigned reentry code of RE-3 was and still is appropriate. Once he separated he was disqualified from enlistment, but the disqualification is waivable. Recruiting personnel are required to process a request for waiver. He should visit his local recruiting station and apply for a waiver.
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
__slp___ __jpi___ __rks___ DENY APPLICATION
| CASE ID | AR2001051617 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010322 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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