| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Roger W. Able | Chairperson | |
| Mr. William D. Powers | Member | |
| Ms. Barbara J. Lutz | Member |
APPLICANT REQUESTS: That his Reentry Eligibility (RE) Code be changed from RE-3 and 3C to RE-3.
APPLICANT STATES: He was released from active duty due to family hardship and the sudden death of his father in March 1989. Since that time, he states that he has served an additional 6 years in the Army Reserve and has currently signed a 3-year contract with the Navy Reserve. He contends that the unfavorable code for reenlistment to active duty is inaccurate. In support of his application, he submits a copy of his current active duty orders and a letter from his Congressman, dated 27 November 2000.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 4 February 1987 for a period of 3 years. He successfully completed basic and advanced individual training and served in Germany as a rifleman. He was promoted to private first class on 4 January 1988.
A Personnel Action, dated 6 October 1988, reduced the applicant to pay grade
E-1, with a date of rank of 24 June 1988, under the provisions of Army Regulation 600-200, chapter 6. This document also shows he received an Article 15; however, the Article 15 is not in his records.
On 16 February 1989, the applicant was separated under the provisions of Army Regulation 635-200, chapter 6, for hardship.
Records show he was separated in pay grade E-2 with an honorable discharge and was issued RE Codes 3 and 3C.
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.
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 chapters 9, 10, 13, and 14 of Army Regulation 635-200.
RE-3C applies to persons who have completed more than 4 months service who do not meet the basic eligibility pay grade requirements of chapter 2, Army Regulation 601-280, or who have been denied reenlistment under the Qualitative Retention Process according to chapter 10, Army Regulation 601-280.
Army Regulation 601-280, in effect at the time, governed the Army Retention Program for enlisted soldiers. In pertinent part, the regulation prescribed retention control points (RCP). The RCP required that a soldier must be at a certain rank at specific years of service in order to reenlist without a waiver. The regulation, in effect at the time, stated that soldiers in the rank of E-2 and below, regardless of years of service, were not authorized to reenlist.
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. The applicant was separated under the provisions of Army Regulation 635-200, chapter 6, for hardship and assigned a reentry code of RE-3 in accordance with regulations then in effect.
2. The applicant was in pay grade E-2 at the time of his separation and as a result, was not eligible to reenlist. Therefore, the RE Code of 3C is correct as currently constituted and there is no basis to change his RE Code.
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 unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. 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
RWA_____ BJL_____ WDP_____ DENY APPLICATION
| CASE ID | AR2001051947 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010308 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19890216 |
| DISCHARGE AUTHORITY | AR635-200,chapter 6 |
| DISCHARGE REASON | Hardship |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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