| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | ||
| Mr. Raymond J. Wagner | Member | ||
| Ms. Karen Y. Fletcher | Member |
APPLICANT REQUESTS: That his reentry (RE) code be changed. He states that he served almost 5 years and received the Army Good Conduct Medal. He wants to reenlist but he can't with an RE code of 3. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant’s military records show:
He enlisted in the Regular Army on 2 July 1996. He was honorably discharged on 9 January 2000 for the purpose of immediately reenlisting on 10 January 2000.
On or about 7 September 2000, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for drinking alcohol with an underage soldier, conspiracy to make a false statement, and making a false official statement. His punishment was a reduction in rank to Private First Class, E-3, a forfeiture of $667.00 pay for two months (suspended), 45 days restriction (suspended), and 45 days extra duty.
On 1 February 2001, the applicant completed a separation physical and was found qualified for separation. On this date also, he completed a mental status evaluation. He was found to have the mental capacity to understand and participate in proceedings and to be psychiatrically cleared for any administrative action deemed appropriate by his command.
On 30 March 2001, the applicant's commander recommended him for separation under the provisions of Army Regulation 635-200, chapter 14 for pattern of misconduct. He cited the applicant's failing to go to his appointed place of duty on divers occasions, his dishonorably failing to pay just debts on divers occasions, his making a false official statement, and his being charged with first degree wanton endangerment.
On 30 March 2001, the applicant acknowledged receipt of notification of his intended separation. He was advised by his attorney of the basis for the contemplated action. He elected not to make a statement in his own behalf.
On 2 April 2001, the appropriate authority approved the recommendation and directed the applicant received a general discharge under honorable conditions.
On 11 April 2001, the applicant was discharged, with a general discharge under honorable conditions, under the provisions of Army Regulation 635-200, chapter 14 for pattern of misconduct. He was given an RE code of 3. He had completed 4 years, 9 months, and 10 days of creditable active service and had no lost time.
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. RE-3 applies to persons not qualified for continued Army service but the disqualification 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.
Title 10, U.S. Code, section 1553 provides that an individual has 15 years to apply to the Army Discharge Review Board (ADRB) for a review of the characterization of separation or the narrative reason for separation.
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. In view of the fact the applicant was discharged for misconduct, the assigned RE code of 3 was and still is appropriate. The applicant 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 periodically visit his local recruiting station to determine if he should apply for a waiver.
4. The applicant also has the option to apply to the ADRB for a change in the narrative reason for his separation. The RE code is directly tied to the reason for separation. If the applicant so applied, and if ADRB should change the narrative reason for his separation, it could also change his RE code.
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
__RVO_ __RJW___ ___KYF__ DENY APPLICATION
| CASE ID | AR2002075784 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/09/26 |
| 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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