| Mr. Carl W. S. Chun | Director | |
| Mr. Paul A. Petty | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Ms. Gail J. Wire | Member | |
| Mr. Hubert O. Fry | Member |
APPLICANT REQUESTS: In effect, that the Re-enlistment Eligibility (RE) code, RE-3, on his discharge for the period ending 12 June 1975, be changed to RE-1.
APPLICANT STATES: In effect, the reason behind the disposition of his discharge was that he and his first sergeant had a personal conflict of interest. He was frustrated and did not know what to do about it. He went AWOL (absent without leave) to get even with him. He did not realize that he was only hurting himself. He wanted to serve his country and retire after 25-30 years. He planned on making a career of the Army. He realizes that he is over the age limit to enlist in the active service but due to the circumstances of his discharge, he still believes he should have his record corrected.
EVIDENCE OF RECORD: The applicant's military records show:
That he enlisted in the Regular Army on 19 September 1973, for a 3 year term of service. On 20 May 1975, the applicant's commander initiated an administrative discharge under the authority of Army Regulation (AR) 635-200 (Personnel Separations, Enlisted Personnel), paragraph 5-37 (discharge for failure to demonstrate promotion potential). He had received 3 punishments under
Article 15, Uniform Code of Military Justice, for 3 periods of AWOL:
12-17 December 1974, 10-11 February 1975, and 3-9 March 1975. Between October 1974 and May 1975, he had received 14 negative counseling statements from his first sergeant and commander for misconduct to include AWOL, missing or late for duty, job performance, negative and poor attitude, lack of motivation, insubordination, breaking restriction, reckless operation of a motor vehicle, failure to pay debts, lack of integrity, etc.. On 21 May 1975, by his signature, the applicant voluntarily consented to the discharge, waived his right to submit a statement on his own behalf, confirmed that he had been provided an opportunity to consult with an officer of the Judge Advocate General's Corps, and that he understood he may receive a general discharge with a character of service under honorable conditions. The applicant was so discharged on
12 June 1975. The applicant's discharge document, DD Form 214 (Report of Separation form Active Duty), shows an RE code of RE-3, which is the correct RE code for discharge under the authority of AR 635-200, paragraph 5-37.
According to AR 601-210 (Regular Army and Army Reserve Enlistment Program), an RE code may be changed only if there is evidence of an incorrect RE code or an administrative error. There is no requirement to change an RE code to qualify for enlistment. At the time of enlistment, the enlistment activity may request a waiver for a disqualifying RE code. However, under current enlistment standards, the Army is granting very few such waivers.
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's RE code is correct on his discharge document and there is no basis for changing the code. There is no evidence of error or injustice.
2. 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
__jp___ ___gw___ ___hf___ DENY APPLICATION
| CASE ID | AR2002069236 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020723 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.03 – Change of Reenlistment Code |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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