| 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: That his discharge was not as a result of any misconduct and that his current RE Code prevents him from obtaining his future goals. In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
EVIDENCE OF RECORD: The applicant's military records show he enlisted on 22 May 1996, as a track vehicle mechanic.
On 10 June 1997, the applicant submitted a formal personnel action request for separation under the provisions of Army Regulation 635-200, chapter 6-3b, due to circumstances regarding the custody of his daughter. He also noted that he was alerted for overseas assignment with a requested departure date of 1 August 1997.
The applicant’s request was processed and approved by the appropriate authority on 20 June 1997, who directed issuance of an Honorable Discharge Certificate. The applicant was discharged on 1 August 1997 under the provisions of Army Regulation 635-200, paragraph 6-3b(1) due to hardship. He had a total of 1 year, 2 months, and 10 days of creditable service. He was issued an RE Code of "3."
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 6 of that regulation provides, in pertinent part, for the separation of personnel because of genuine dependency or hardship. An
application for such separation will be approved when a service member can substantiate that his/her situation or immediate family's situation has been aggravated to an excessive degree since enlistment, that the condition is not temporary, and that discharge will improve the situation.
Paragraph 6-3b, provides for the separation due to hardship. A hardship exists when, in circumstances not involving death or disability of a member of the soldier’s (or spouse’s) immediate family, separation from the service will
materially affect the care or support of the family by alleviating undue and genuine hardship.
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 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 | AR2002079455 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030515 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 199708001 |
| DISCHARGE AUTHORITY | AR 635-200 chapter 6-3b |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | 4 |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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