| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Richard T. Dunbar | Member |
2. The applicant requests that his reentry (RE) code be changed to reflect a more favorable RE code that will allow him to reenlist.
3. The applicant states that he is not able to reenlist because of one incident in his 22 months of service. He contends that during the same period of time he was not involved in any other misconduct, that he always strived to overachieve in any assignment that he was given and that he was one of the top performing soldiers in his unit. In support of his application, he submits a letter of explanation; a character reference letter, dated 2 October 2001; orders for the Air Assault Badge; an award certificate for successful completion of Individual Infantry Training; a Certificate of Achievement; and his General Discharge Certificate.
4. The applicant’s military records show that he enlisted on 29 October 1997 for a period of 4 years. He successfully completed basic and advanced individual training and was transferred to Fort Campbell, Kentucky, for duty as an infantryman. On 9 July 1999, the applicant was separated with a general discharge under the provisions of Army Regulation 635-200, chapter 14, for misconduct (marijuana use). He had served 1 year, 8 months and 11 days of total active service and was issued an RE code of RE-4.
5. 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 processing into the Regular Army 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.
6. Paragraph 3-27 of Army Regulation 601-210 provides that RE Codes may be changed only if they are determined to be administratively incorrect.
7. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable, such as personnel discharged for misconduct.
8. RE-4 applies to persons not qualified for continued Army service by virtue of being separated from the service with a nonwaivable disqualification.
CONCLUSIONS:
1. The applicant was discharged for misconduct and he was issued an RE code of RE-4. However, the governing regulation states that RE code “RE-3” applies to personnel discharged for misconduct. Therefore, it would be appropriate at this time to correct the applicant’s records to show that his RE code should be RE-3.
2. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was issued an RE code of RE-3, vice the RE code of RE-4 he currently holds.
BOARD VOTE:
GDP____ WTM___ RTD____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__George D. Paxson______
CHAIRPERSON
| CASE ID | AR2001063241 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020124 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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