| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Mr. Kenneth W. Lapin | Member | |
| Ms. Paula Mokulis | Member |
APPLICANT REQUESTS: That his Reentry Eligibility (RE) Code be changed from RE-3 to RE-1.
APPLICANT STATES: In effect, that there is nothing in his service records that warrant him receiving a RE Code of “3” and that such a code constitutes a bar from his contractual continuation with his present Reserve Officer Training Corps (ROTC) Program at the University of Idaho. He further states that it will disallow him to continue his career as a commissioned officer.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 15 November 1989 and remained on active duty through a series of continuous reenlistments. He was advanced to the pay grade of E-4 on 1 November 1991.
On 2 January 1996, he was honorably released from active duty (REFRAD) due to completion of required service. He had served 6 years, 1 month and 18 days of total active service and was issued a RE Code of “3”. He was paid full involuntary separation pay in the amount of $9,653.52.
Army Regulation 601-210 provides the guidance for the issuance of RE Codes upon separation from active duty. It states, in pertinent part, that these codes are not to be considered derogatory in nature, they are simply codes that are used for identification of an enlistment processing procedure.
RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable. A local or self-imposed bar to reenlistment or reaching the maximum years of service for one’s grade are some of those instances in which a person would be issued a code of RE-3 at the time of separation.
Army Regulation 601-280, in effect at the time, provides the criteria for reenlistment eligibility and establishes the maximum number of years persons may serve on active duty in a particular grade. The Retention Control Point (RCP) established for the pay grade of E-4 was 8 years and 29 days of maximum service. Personnel who were unable to reenlist for a minimum reenlistment period of 2 years in order to reach the maximum RCP for their grade were, in effect, barred from reenlistment. Personnel who fall in this category are not required to extend their enlistment to their maximum RCP in order to receive their full entitlement to separation pay.
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. The applicant was barred from reenlistment at the time of his separation and was not fully qualified for reenlistment at the time of separation due to his having reached his maximum RCP for his grade; accordingly, he was properly issued an RE Code of RE-3 in accordance with the applicable regulations.
3. While the Board applauds his efforts to continue his education, the fact that he cannot participate in an ROTC Program has no bearing on the fact the RE Code he received was correct at the time it was issued; accordingly, there is no basis to change it.
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
___pm __ ___rjw __ __kwl ___ DENY APPLICATION
| CASE ID | AR2001056357 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/09/20 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 4 | 100.0300/re code |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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