| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his records be corrected to show his separation in pay grade E-4 and his reentry eligibility code as RE1.
APPLICANT STATES: That he has been sending forms in for correction ever since he found the error and has not received a response. Additionally, he provides a copy of a revoked separation order and an incomplete separation document.
EVIDENCE OF RECORD: The applicant's military records show:
During the period 30 July to 8 September 1992, he was in the Army Reserve (USAR) Delayed Enlistment Program.
On 9 September 1992, he enlisted in the Regular Army (RA) for 4 years. He attained pay grade E-4.
On 21 June 1996, Orders 173-0002, 3d Infantry Division (Mechanized) directed his release from active duty on 8 September 1996 in the rank of specialist with an RE Code of 1.
On 8 July 1996, those orders were cancelled pending action under the Uniform Code of Military Justice (UCMJ).
On 8 July 1996, he was issued a bar to reenlistment pending punishment his action under the UCMJ.
On 10 July 1996, he accepted nonjudicial punishment (NJP) under UCMJ for possession and discharge of a firearm and making a false official statement concerning that weapon on 23 June 1996. His punishment included a reduction to pay grade E-1, a forfeiture of $437 pay per month for 2 months, restriction for 45 days and extra duty for 45 days.
Orders were published directing his separation in pay grade E-1 with RE Code 3.
On 8 September 1996, he was honorably separated, in pay grade E-1, under Army Regulation 635-200, based on the completion of his term of service. His separation document indicates he had 4 years of creditable service. He was issued RE Code 3.
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 USAR.
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-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who are separated in pay grade E-1 are so disqualified.
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. The applicant is not entitled to have his records corrected to show his separation in pay grade E-4 or have his reentry eligibility code as RE-1.
2. The evidence of record clearly shows the applicant was separated in pay grade E-1 and assigned RE Code 3, based on his NJP of 10 July 1996. Neither his contentions nor his records show otherwise.
3. He was properly discharged in pay grade E-1 and assigned RE Code 3 in accordance with pertinent regulations.
4. 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.
5. 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
_mmh____ _lls____ _jtm____ DENY APPLICATION
| CASE ID | AR2001057884 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010906 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 129.05 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2004 | 20040010448C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2006 | AR20060014215C071029
The applicant states that he was not considered for promotion to the pay grade of E-7 because his records had been misdirected between his changes in service obligation from active duty to Reserve. However, there is no evidence in the available records that supports his contention that he was not considered for promotion to E-7 as a result of his records being misdirected between his service on active duty and in the USAR. The applicant was appropriately not considered for promotion by a...
ARMY | BCMR | CY2001 | 2001065115C070421
APPLICANT REQUESTS: That his records be corrected to remove nonjudicial punishment (NJP) dated 5 February 1996, and a Noncommissioned Officer Evaluation Report (NCOER), dated 9 March 1996 from his record, and immediate reinstatement onto active duty. Army Regulation 15-185 establishes procedures for making application, and the consideration of applications, for the correction of military records by the Secretary of the Army acting through this Board. DISCUSSION : Considering all the...
ARMY | BCMR | CY2003 | 2003085945C070212
By memorandum dated 8 September 1995, the applicant was notified that he would be barred from reenlistment under the Department of the Army Qualitative Management Program (QMP). Army Regulation 635-5-1, SPD/Reentry Code Cross-Reference Table states that RE code RE-4 will be used when a soldier is discharged under the QMP. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the...
ARMY | BCMR | CY2008 | 20080014292
Item 26 (Separation Code) of his DD Form 214 shows "KFS and Item 27 shows "RE-4." An RE code of "4" was entered to his DD Form 214. The evidence of record also shows the applicant completed an honorable period of service from 10 July 1996 to 25 January 1999.
ARMY | BCMR | CY2002 | 2002072855C070403
The applicant requests that his reentry eligibility (RE) code be changed from RE-3 to RE-1 and that his Certificate of Release or Discharge (DD Form 214) be corrected to show that he was awarded the Army Superior Unit Award (ASUA). However, the applicant’s RE code is correct to indicate that a waiver is required prior to reentry into the Regular Army. In view of the foregoing, the applicant’s records should be corrected as recommended below.
ARMY | BCMR | CY2001 | 2001057732C070420
The applicant requests that item 27 (Reentry Code) be changed to show the entry “RE-1”, that item 24 (Character of Service) be changed to show the entry “Honorable”, that item 11 (Primary Specialty) be changed to show the entry “11B20 2 years, 6 months”, “31U10 3 years, 9 months”, that item 14 (Military Education) be changed to show the entry “Primary Leadership Development Course, 4 wks 07/96 Class 7-96, Air Assault Course 3 wks 11/96, Team Leaders Course, 1 wk 11/96, Signal Support Systems...
ARMY | BCMR | CY2001 | 2001052351C070420
On 20 December 1990, the appropriate separation authority approved his request and directed his discharge UOTHC with issuance of an Undesirable Discharge Certificate and reduction to pay grade E-1. At the time of the applicant’s separation, the regulation provided for the issuance of an undesirable discharge. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to...
ARMY | BCMR | CY2006 | 20060011742
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 April 2007 DOCKET NUMBER: AR20060011742 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Member The Board considered the following evidence: Exhibit A - Application for correction of military records. He was given a reentry (RE) code of 3 and a separation program designator (SPD) code of LBK (involuntary...
ARMY | BCMR | CY2006 | 20060014916C071113
John G. Heck | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. This document also confirms that based on the authority and reason for his separation, he was assigned a Separation Program Designator (SPD) code of JCC and an RE code of RE-4. 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.