| 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 and that he receive his final pay.
APPLICANT STATES: That he received an honorable discharge; however, the National Guard will not enlist him because his RE code is 4. He provides his Certificate of Release or Discharge from Active Duty, DD Form 214, and a 2-page Enlisted Separation Processing Handout sheet as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 25 May 2001 for 4 years for an $8,000 cash enlistment bonus. His Statement of Understanding United States Army Incentive Enlistment Program, DA Form 3286-66, paragraph 5a(3) informed him that he had to remain qualified in his incentive military occupational specialty (MOS) for the duration of his initial enlistment. He completed basic training and advanced individual training and was awarded MOS 14T (Patriot Missile Crewmember).
The applicant’s discharge packet is not available. On 5 April 2002, he was discharged with an honorable characterization of service under the provisions of Army Regulation 635-200, chapter 9 for alcohol rehabilitation failure. He had completed 10 months and 11 days of creditable active service with no lost time. He was given a separation designator (SPD) code of JPD (involuntary discharge under the provisions of Army Regulation 635-200, chapter 9 for alcohol rehabilitation failure) and an RE code of 4.
Records at the Defense Finance and Accounting Service – Indianapolis Center (DFAS-IN) show that the applicant did not have any pay due at the time he was separated because he owed the Government $4,877.09 for collection of his enlistment bonus.
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-4 applies to persons not qualified for continued Army service and the disqualification is not waivable.
The Separation Program Designator Code (SPD)/Reentry (RE) Code Cross-Reference Table dated March 2001 states that when the SPD is JPD then RE code 4 is given.
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 the absence of evidence to the contrary, it is presumed that the applicant was properly discharged for alcohol rehabilitation failure. In that case, he was given the proper SPD and the assigned RE code of 4 was and still is appropriate. The applicant was disqualified from reenlistment and the disqualification is not waivable. RE codes are based upon the reason for separation, not the characterization of service.
3. Records at DFAS-IN show that the applicant owed the Government a debt of $4,877.09 for the collection of his $8,000 enlistment bonus. By being discharged early he failed to remain qualified in his incentive MOS and his enlistment bonus was properly recouped. It appears that the recoupment resulted in a no-pay-due status when he separated.
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 | AR2002076965 |
| 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. | 128.15 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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