| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. John E. Denning | Member |
APPLICANT REQUESTS: That his Reentry Eligibility (RE) code be changed from RE-3 to a more favorable RE code.
APPLICANT STATES: In effect, that he would like his RE code changed. He submitted a supplemental letter in support of his application.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Army on 6 January 2000 for a period of six years.
On various occasions between September 2000 and November 2000, he received four adverse counseling statements for violating pass policy, consuming alcohol without consent, failing to inform chain of command for accountability, violating restriction policy, and not complying with procedural rules regarding his administrative separation from the military.
On 12 October 2000, he was punished under Article 15, Uniform Code of Military Justice (UCMJ) for disobeying a lawful command from a superior commissioned officer by going off post without authorization and consuming alcoholic beverages. He was reduced to private E-1, forfeiture of $465.00 pay per month for 2 months, and restriction to barracks for 30 days and extra duty for 15 days.
The applicant’s unit commander notified him of pending separation action under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. He acknowledged the notification of the pending separation action, waived consultation with legal counsel and did not submit a statement in his own behalf. He acknowledged that he further understood that he will be ineligible to apply for enlistment in the U.S. Army for a period of two years after discharge.
The separation authority approved the recommendation for discharge under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance with issuance of a general under honorable conditions discharge.
The applicant was discharged on 13 December 2000 in pay grade E-2. He had completed 11 months and 8 days of active military service. His DD Form 214 shows he was issued an RE code of RE-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 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.
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 was separated under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance and assigned a reentry code in accordance with regulations then in effect.
2. The applicant has failed to show through the evidence submitted or the evidence of record the reenlistment code issued to him was in error or unjust.
3. However, the applicant’s disqualification for reentry is waivable. Therefore, if he still desires to reenter the Army, the Board recommends that he contact his local recruiter to determine if he is eligible for applying for a waiver under current enlistment criteria.
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
JNS_____ BJE_____ JED_____ DENY APPLICATION
| CASE ID | AR2001062096 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020214 |
| TYPE OF DISCHARGE | GD |
| DATE OF DISCHARGE | 20001213 |
| DISCHARGE AUTHORITY | AR635-200, chapter 13 |
| DISCHARGE REASON | Unsatisfactory Performance |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 100.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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