| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Charmane Collins | Member | |
| Mr. James E. Anderholm | Member |
APPLICANT REQUESTS: That his Reentry (RE) Code "3" be change to RE "1."
APPLICANT STATES: That he had personal problems and requested to be released from active duty in order to sort out his problems. He was alerted for assignment prior to his expiration of term of service (ETS) and was forced to sign a Declination of Continued Service Statement (DCSS). The DCSS also stated that he was "prohibited from applying for reentry into the Active Army for a period of at least 93 days if separated at normal ETS, and at least 2 years if voluntarily separated before ETS." The signing of his DCSS gave him an RE Code of RE "3". In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a copy of his DCSS.
EVIDENCE OF RECORD: The applicant's military records show he enlisted on 31 July 1992, with prior military service, as a fire support specialist.
On 22 August 2001, the applicant was alerted for assignment to Fort Hood, Texas. However, he failed to take the necessary action to reenlist or extend
to meet the incurred service remaining obligation under the provisions of chapter 3, AR 601-280 and opted to sign a DCSS.
He continued to serve until he was honorably discharged on 13 December 2001, under the provisions of Army Regulation 635-200, paragraph 16-10, due to the Holiday Early Release Program. He was issued an RE Code of "3." He had completed 9 years, 6 months, and 18 days of creditable service.
He enlisted in the California Army National Guard (CAARNG) effective the date of his discharge where he continues to serve.
Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry 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 reentry 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 nonjudical punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, 14, and 16 of Army Regulation 635-200.
RE-1 applies to persons completing their term of service (ETS) who are considered qualified to reenter the Army.
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 Board notes that the RE Code of "3" is consistent with the basis for his separation and in this case finds no basis to correct the existing code.
2. The type of discharge directed and the reasons for that separation were appropriate considering all of the facts of the case.
3. The applicant has failed to show, through the evidence submitted with his application or the evidence of record, that his separation which resulted in his receiving an RE Code of RE "3" was in error or unjust.
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
__fe___ __cc___ __ja____ DENY APPLICATION
| CASE ID | AR2002074223 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021203 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 20011213 |
| DISCHARGE AUTHORITY | AR 635-200, chapter 16 |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 4 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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