| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. Thomas A. Pagan | Member |
APPLICANT REQUESTS: That his Reentry (RE) Code "3" be change to RE "1."
APPLICANT STATES: In effect, that his RE Code of "3" should be changed to RE "1." 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 Army Discharge Review Board (ADRB) proceedings.
EVIDENCE OF RECORD: The applicant's military records show he enlisted on 13 May 1998, as a medical laboratory specialist. He was discharged on 25 November 1998 under the provisions of Army Regulation 635-200, chapter 11, with an uncharacterized entry-level status discharge. He had completed 6 months and 13 days of creditable service. He was issued an RE Code of RE "3."
The applicant applied to the ADRB for an upgrade of his discharge on
6 July 2000. On 11 August 2000, the ADRB determined that his discharge was improper but equitable and voted to change his narrative reason for separation to Secretarial Authority under Chapter 5, Army Regulation 635-200. His DD Form 214 was reissued to show his narrative reason as "Secretarial Authority."
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11, of the regulation, in effect at the time, provided, for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status. This provision of regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation or self discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service. The separation policy also applies to soldiers who cannot meet the minimum standards prescribes for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline. The regulation states that a soldier is in an entry level status if the soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. The soldier’s service is uncharacterized when separated under this chapter.
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 persons not qualified for continued Army service, but the disqualification is waivable.
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 after modification by the ADRB 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
__ao___ ___ra___ ___tp___ DENY APPLICATION
| CASE ID | AR2002078881 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030515 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19981125 |
| DISCHARGE AUTHORITY | AR 635-200 chapter 11 |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | 4 |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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