| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Hubert O. Fry, Jr. | Member | |
| Mr. Thomas E. O'Shaugnessy, Jr. | Member |
APPLICANT REQUESTS: Correction of appropriate military records to show a reentry eligibility (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 RE-3C shows he is a conscientious objector and it should read RE1.
EVIDENCE OF RECORD: The applicant's military records show:
During the period 16 June 1982 through 9 June 1986, he served in the US Navy.
During the period 10 June 1986 through 30 July 1987, he served in the US Navy Reserve.
During the period 31 July through 1 September 1987, he served in the Army Reserve Delayed Enlistment Program.
On 2 September 1987, he enlisted in the Regular Army.
On 2 January 1993, he was honorably discharged in pay grade E-5 under chapter 4, Army Regulation 635-200, based on the expiration of his term of service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he had more than 10 years of service. He was assigned code 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-3C applies to persons who have completed more than 4 months service who do not meet the basic eligibility pay grade requirements of chapter 2, Army Regulation 601-280, or who have been denied reenlistment under the Qualitative Retention Process according to chapter 10, Army Regulation 601-280.
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. There is no basis for removal of the RE code from the applicant's record or to change it to RE-1. The disqualification upon which the code was based, however, can be waived for reenlistment purposes.
2. In view of the circumstances in this case, the assigned reentry eligibility code was and still is appropriate.
3. The Board notes that the applicant may contact his nearest recruiting office for the purpose of requesting a waiver of the RE code for enlistment purposes.
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
_aao____ _teo____ _hof____ DENY APPLICATION
| CASE ID | AR2001064915 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020430 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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