| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Mr. Melvin H. Meyer | Chairperson | |
| Mr. Donald P. Hupman, Jr. | Member | |
| Mr. John T. Meixell | Member |
2. The applicant requests correction of appropriate military records to show a reentry eligibility (RE) code of RE-3.
3. The applicant states that he desires to reenter the Army and he was informed by his recruiter that his RE code needs to be changed from RE-4 to RE-3. He states that the Army Discharge Review Board (ADRB) recently upgraded his discharge from under other than honorable conditions to under honorable conditions (general) and therefore, his RE code should be changed.
4. The applicant’s military records show that on 12 August 1994, he enlisted in the Army for 3 years in the pay grade of E-1. He successfully completed his training as a wheel vehicle repairer. On 12 February 1995, he was promoted to the pay grade of E-3.
5. On 21 November 1995, the applicant’s commander initiated action to eliminate him from the service for misconduct. He cited as a basis for his recommendation for discharge the applicant’s record of disciplinary violations which included failure to report to his appointed place of duty, bad attitude, below standard self maintenance, lack of motivation and duty performance, missing formation, failure to follow a lawful order, wrongful use of marijuana, and wrongful altering of his identification. The commander submitted an extensively detailed packet of evidence to support his recommendation.
6. On 21 November 1995, the applicant was notified that he was being recommended for discharge under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 14 for misconduct. He acknowledged receipt of the notification and, after consulting with counsel, he waived his right to have his case considered by an administrative separation board contingent upon his receiving a general discharge.
7. Although the commander’s approval of the recommendation for discharge is unavailable for review, the records show that the applicant was discharged on 13 December 1995, under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 14-12c for misconduct based on the commission of a serious offense. He had completed 1 year, 4 months and 2 days of total active service and he was furnished an RE code of RE-4.
8. On 10 January 2001, the ADRB upgraded the applicant’s discharge to a general discharge. However, that board voted against changing the reason and authority for his discharge.
9. 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.
10. RE-3 applies to persons no 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 Army Regulation 635-200. A waiting period of 2 years from separation is required before a waiver may be submitted. RE-4 applies to persons with a non-waivable disqualification.
CONCLUSIONS:
1. The administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights.
2. However, at the time of his separation he was incorrectly issued an RE-4 code instead of an RE-3 code, the code for which the applicable regulations indicate is appropriate for the type of separation that the applicant received.
3. Accordingly, it would be in the interest of justice to correct his records at this time to show that he was issued an RE-3 code.
4. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was issued an RE-3 code at the time of his separation on 13 December 1995.
BOARD VOTE:
___dh___ ___jm___ __mm___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____Melvin H. Meyer_____
CHAIRPERSON
| CASE ID | AR2001054181 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/06/26 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 4 | 100.0300/RE |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001059269C070421
The applicant states that he has been informed that others have been discharged before and since his discharge with RE Code 3. The applicant also submitted a DD Form 293 (Application for Review of Discharge or Dismissal from the Armed Forces of the United States) requesting the RE code upgrade. The evidence of record clearly shows the applicant should have been issued RE Code 3 and his records should be corrected accordingly.
ARMY | BCMR | CY2004 | 20040002266C070208
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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 applicant’s record confirms he was separated under the provisions of chapter 11, Army Regulation 635-200, by reason of entry level performance and conduct.
ARMY | BCMR | CY2001 | 2001054294C070420
The applicant states that the Army Discharge Review Board (ADRB) upgraded his discharge but was unable to act on his request to be restored to active duty. He was given a separation program designator (SPD) code of KFS (voluntary discharge under Army Regulation 635-200, chapter 10) and a reentry code of 4. The Board notes that the ADRB had upgraded the applicant’s discharge to general under honorable conditions.
ARMY | BCMR | CY2006 | 20060017062C071029
When discharged, the DD Form 214 he was issued showed he was discharged under the provisions of AR 635-210, chapter 10, in lieu of trial by court- martial. The separation code "KFS" and a reentry code of 4 were applied to his DD Form 214. The applicant's discharge was reviewed by the ADRB and after careful consideration of his application, his military records, and all other available evidence, determined he had been properly and equitably discharged.
ARMY | BCMR | CY2002 | 2002075784C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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: In view of the foregoing, there is no basis for granting the applicant's request.
ARMY | BCMR | CY2001 | 2001059522C070421
APPLICANT REQUESTS: Correction of his military records to show a reentry (RE) code which would allow reenlistment. On an unknown date, the applicant enlisted in the Army National Guard. The Board acknowledges that the U. S. Air Force may have different enlistment standards; however, that is not sufficient justification to grant the relief requested.
ARMY | BCMR | CY2001 | 2001058272C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: Correction of appropriate military records to show a reentry (RE) code which would allow reenlistment. 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.
ARMY | BCMR | CY2001 | 2001058216C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 12 January 1996, the applicant was separated in Hanau, Germany with an Honorable Discharge under the provisions of paragraph 5-13, Army Regulation 635-200, by reason of a personality disorder. The ADRB, after considering her case on 5 September 2001, denied her request for a change in reason while stating that the board did not have the authority to change her RE code.
ARMY | BCMR | CY2001 | 2001057470C070420
The applicant requests, in effect, that his under other than honorable conditions discharge be upgraded; and that his reentry code, separation code, and rank be corrected accordingly. The applicant’s military records show that he enlisted in the Army on 27 July 1995 for 4 years. On 30 April 2001, the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade to his discharge.
ARMY | BCMR | CY2002 | 2002078101C070215
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. APPLICANT STATES : In...