| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Mr. Curtis L. Greenway | Member | |
| Mr. Donald P. Hupman, Jr. | 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 would like to reenter the military on active duty.
EVIDENCE OF RECORD: The applicant’s military records show:
He enlisted in the Regular Army on 3 October 1991 for 4 years.
On 17 April 1995, the applicant requested early separation for the purpose of furthering his education.
On 5 July 1995, the applicant was released from active duty under the provisions of Army Regulation 635-200, paragraph 5-17 in pay grade E-4 with a reentry code of RE-3. His separation code (SPD) was MCF. He had completed 3 years, 9 months, and 3 days 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 Regular Army (RA) and the U.S. 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.
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.
RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.
Army Regulation 635-5-1 prescribes the specific authorities, the reasons for the separation of members from active military service, and the SPDs to be used for these stated reasons. It states SPD MCF is to be used when the member was voluntarily released from active duty or transferred under the authority of Army Regulation 635-200, paragraph 5-17, to attend school.
Army Regulation 635-5, SPD/RE Code Cross Reference Table states that when the SPD code is MCF then RE code 3 will be given.
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. Because the applicant was given an SPD code of MCF, the assigned reentry code of RE-3 was and still is appropriate. The applicant was disqualified from reenlistment, but the disqualification is waivable.
3. Since enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver.
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
__cla___ __clg___ __dph___ DENY APPLICATION
| CASE ID | AR2001058272 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010911 |
| 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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