| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Ms. June Hajjar | Chairperson | |
| Mr. John T. Meixell | Member | |
| Mr. Thomas Baxter | Member |
APPLICANT REQUESTS: That his reentry eligibility (RE) code be changed from RE-3C to a more favorable RE code.
APPLICANT STATES: That he was young and immature and that his immaturity led him to strike another soldier. He further states that he regrets what he did and he feels that he should have a second chance.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 11 January 1989 for a period of four years. He successfully completed basic and advanced individual training and was assigned to Fort Bragg, North Carolina, as a materiel storage and handling specialist. He was advanced to private first class on 1 September 1989.
The applicant received numerous adverse counseling statements on various occasions between April 1989 and December 1989 for being absent from formation, for failing to report to his place of duty, for disobeying an order, for conduct unbecoming a soldier, and for violating unit visitation policies.
On 23 March 1990, the applicant was punished under Article 15, Uniform Code of Military Justice (UCMJ) for assault, for being disrespectful in language, and for wrongfully using provoking words towards a corporal. He was reduced to private E-2, to forfeit $189.00 pay, to perform extra duties for 14 days and to be restricted for 14 days.
The applicant also received adverse counseling statements between March 1990 and July 1990 for failing to report, for being disrespectful to an noncommissioned officer and insubordination, for unsatisfactory performance and misconduct, for disobeying a lawful order, for disrespecting an officer, and for failing to follow instructions.
On 24 May 1990, he was punished again under Article 15, UCMJ for being absent from his unit and for being disrespectful in language towards a sergeant first class. He was reduced to private E-1 and to perform extra duty for 14 days.
On 20 August 1990, the applicant’s unit commander notified him of pending separation action under the provisions of Army Regulation 635-200, paragraph 14-12(b) for misconduct – pattern of misconduct. The unit commander requested that the rehabilitative transfer requirements be waived.
On 20 August 1990, the applicant acknowledged the notification of the pending separation action. On 5 September 1990, he consulted with legal counsel and submitted a statement in his own behalf. He underwent a mental status evaluation and a separation medical examination and was found fit for separation with a physical profile of 111111.
The separation authority approved the recommendation for discharge under the provisions of Army Regulation 635-200, paragraph 14-12(b) for misconduct – pattern of misconduct with issuance of a General Under Honorable Conditions Discharge Certificate.
The applicant was discharged on 16 October 1990 in pay grade E-1. He had 1 year, 9 months and 6 days of creditable service. His DD Form 214 shows he was issued RE codes RE-3 and RE-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. 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 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 separated from their last period of service who do not meet the reentry grade and service criteria of Army Regulation 601-210.
Table 3-1, Rule H of Army Regulation 601-210 further provides, in effect, that soldiers with prior military service who were last separated in pay grade E-1 with more than 6 months total active service required a waiver for enlistment in the Regular Army and an RE code of 3C.
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 Board considered the applicant’s contentions that he was young and immature at the time and that he should have a second chance. However, the applicant was separated under the provisions of Army Regulation 635-200, paragraph 14-12(b), for misconduct – pattern of misconduct and was assigned an RE code of RE-3 in accordance with regulations then in effect and with no indication of procedural errors which would jeopardize his rights.
2. The applicant was separated in pay grade E-1 with more than 6 months total active service and was issued an RE code of RE-3C.
3. The RE code of 3C reflects that the applicant was not eligible for reenlistment without a waiver because he was separated in pay grade E-1 with more than 6 months total active service.
4. Therefore, there is no regulatory basis for amending the applicant’s RE code of RE-3C. The disqualification upon which the code was based, however, can be waived for reenlistment purposes.
5. 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.
6. 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
JH______ JTM____ TB______ DENY APPLICATION
| CASE ID | AR2001059015 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010816 |
| TYPE OF DISCHARGE | GD |
| DATE OF DISCHARGE | 19901016 |
| DISCHARGE AUTHORITY | AR635-200,paragraph14-12b |
| DISCHARGE REASON | Misconduct – Pattern of Misconduct |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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