| Mr. Carl W. S. Chun | Director | |
| Mrs. Joyce Hall | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Antonio Uribe | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: In effect, 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: In effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) has an RE code of 3. She was ineligible for reenlistment; however the flag has since been lifted. In support of her application she submits a copy of a DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)), dated 22 May 2002.
EVIDENCE OF RECORD: The applicant's military records show:
On 20 May 1999, the applicant enlisted in the Regular Army for 3 years.
The facts and circumstances pertaining to the applicant’s flagging and discharge are not on file. Her DD Form 214 indicates that she was discharged on
19 May 2002, under the provisions of Army Regulation 635-200, chapter 4, (Expiration Term of Service) with an honorable discharge. She completed
3 years of creditable active service. She was given a reentry code of RE-3 and a separation code of LBK [Involuntary discharge under the provisions of Army Regulation 635-200, chapter 4].
The Separation Program Designator/Reentry Code (SPD/RE-Code) Cross Reference Table shows that when the SPD is LBK, then RE-3 will be given.
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-3 applies to person not qualified for continued Army service, but the disqualification is waivable. RE-3 is to be used when soldiers ineligible for, barred from, or otherwise denied reenlistment who are separated on completion of enlistment.
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 of Army Regulation
601-210 (RA and Army Reserve Enlistment Program).
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 evidence in the available record, and the applicant has provided no evidence, that shows irregularity in the assignment of her RE code.
2. Given the fact that the applicant's SPD code was LBK and in the absence of evidence to the contrary, it appears she was barred from reenlistment or otherwise ineligible to reenlist at the time she was separated. Therefore, the assigned RE-3 was and still is appropriate. The applicant was disqualified from reenlistment, but the disqualification is waivable under Army Regulations.
3. In the absence of evidence that the applicant's RE code was in error or improper, there is no basis to change her RE code.
4. However, since enlistment criteria do change and since the applicant has the right to apply for a waiver, it is suggested that the applicant periodically visit a local recruiting station to determine if she should apply for a waiver.
5. 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.
6. 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
__SAC__ __AU____ __RKS__ DENY APPLICATION
| CASE ID | AR2002075091 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/02/11 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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