| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Margaret K. Patterson | Member | |
| Mr. Lester Echols | Member |
APPLICANT REQUESTS: In effect, that his Reenlistment Eligibility (RE) Code be changed from RE-3C to RE-1.
APPLICANT STATES: He believes he received an RE Code of “3C” unfairly and was not present when his DD Form 214 (Certificate of Release or Discharge from Active Duty) was completed and as such was not provided an opportunity to “contest” the code. He states that he wanted to reenlist at the time of his 1989 separation from active duty but was told he had to “get out and then reenlist.” He submits no evidence in support of his request.
EVIDENCE OF RECORD: The applicant's military records show:
He entered active duty on 21 February 1986 for a period of 3 years after several months in the Delayed Entry/Enlistment Program. He was trained as a Fuel and Electrical Systems Repairer and on 20 February 1989, at the completion of his enlistment contract, was released from active duty with an honorable characterization of service in pay grade E-2. His separation document indicates his effective date for pay grade E-2 was 28 November 1988.
Records available to the Board do not contain any other documents associated with his period of active duty, except his initial enlistment contract, a copy of his separation orders, and orders associated with award of his military specialty. There were no promotion, disciplinary, or performance documents in records available to the Board.
Item 27 (reenlistment code) on his 1989 DD Form 214 reflects an RE Code of “3C.” The applicant was not available to sign his DD Form 214 and there is no explanation in available records for his absence.
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 prescribed basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE Codes, including RA RE Codes.
RE-3C, a code in effect at the time of the applicant’s separation, applied to individuals who had completed over 4 months of service who did not meet the basic eligibility pay grade requirements for reenlistment as outlined in Army Regulation 601-280. Army Regulation 601-280 stated that Individuals in pay grade E-2, regardless of the years of service completed, were not authorized reenlistment.
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. Notwithstanding the applicant’s contention that his 1989 RE Code is in error, there is no evidence available to the Board that confirms the code is wrong. The fact that the applicant was not available to authenticate his separation document is not evidence that the code was wrong or that he would have been successful in having it changed to RE-1 if he had been given the opportunity to “contest” the code at the time of his separation. The Board notes that the RE Code is consistent with the code which would have been assigned to soldiers in pay grade (E-2) who were separated after more than 4 months of service.
2. 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 that requirement.
3. 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
__FNE __ __MKP __ __LE __ DENY APPLICATION
| CASE ID | AR2001061840 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020207 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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