| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. John N. Slone | Chairperson | ||
| Ms. Irene N. Wheelwright | Member | ||
| Mr. Jose A. Martinez | Member |
APPLICANT REQUESTS: That his reentry (RE) code be changed to 1 or 2.
APPLICANT STATES: That he completed his tour and got an honorable discharge. He plans to reenlist and his recruiter pointed this out. He provides his Certificate of Release or Discharge from Active Duty, DD Form 214, and his honorable discharge certificate (upon the completion of his military obligation) as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 15 January 1986. He was promoted to Specialist, E-4 on 1 April 1987. He was honorably released from active duty on 12 April 1991 after completing 5 years, 2 months, and 28 days of creditable active service. He was given an RE code of 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 U.S. 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.
At the time, RE-3C applied to persons who had completed over 4 months of service who did not meet the basic eligibility pay grade requirements for reenlistment but the disqualification was/is waivable.
Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria. They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210.
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. 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.
2. It appears the applicant did not meet the basic eligibility pay grade requirements for reenlistment at the time he separated and so was given the correct RE code. He was disqualified from reenlistment but the disqualification is waivable.
3. Since enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should visit his local recruiting station and request they process a waiver.
4. 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 __ __INW __ __JAM __ DENY APPLICATION
| CASE ID | AR2002073671 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/08/15 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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