| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his Reentry (RE) Code be changed to a more favorable code and that his award of the Army Commendation Medal (ARCOM) be added to his report of separation (DD Form 214).
APPLICANT STATES: That his RE Code of 3C on his DD Form 214 must be an administrative error because he did not have any record of misconduct of any type and he received two Certificates of Appreciation, a Good Conduct Medal (GCMDL) and an ARCOM, which was not included on his DD Form 214.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 25 August 1989, for a period of 4 years, training as a medical specialist and assignment to Europe. He completed his basic training and was transferred to Fort Sam Houston, Texas, to undergo advanced individual training (AIT) as a medical specialist. He failed to complete his training and was recycled to Fort Sill, Oklahoma, to undergo AIT as a field artillery cannon fire support specialist. He successfully completed his training and was transferred to Germany on 4 May 1990, where he was assigned to the Berlin Brigade. He was married on 3 November 1990 and was advanced to the pay grade of E-4 on 25 October 1991.
On 30 July 1992, the applicant was awarded the GCMDL for the period of 25 August 1989 to 24 August 1992.
On 23 February 1993, the applicant's commander initiated a local bar to reenlistment against the applicant for failure to pay his just debts. He cited multiple incidents in which the applicant had been counseled in regards to his indebtedness and his demonstrated lack of discipline by failing to pay his just debts. The applicant elected not to submit a statement in his own behalf and the bar to reenlistment was approved by the battalion commander on 24 February 1993.
Also on 24 February 1993, nonjudicial punishment was imposed against him for assaulting his wife. His punishment consisted of a reduction to the pay grade of E-3, a forfeiture of pay (suspended) and extra duty. He did not appeal the punishment.
On 24 August 1993, he was honorably released from active duty (REFRAD) at Fort Dix, New Jersey, in the pay grade of E-3, due to the expiration of his term of service (ETS). He had served 4 years of total active service and was issued a RE Code of 3C. He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) to complete his statutory service obligation.
On 26 November 1996, the applicant was awarded the ARCOM for meritorious service during the period of 4 September to 20 September 1996.
Army Regulation 601-210 provides the guidance for the issuance of RE Codes upon separation from active duty. It states, in pertinent part, that these codes are not to be considered derogatory in nature, they are simply codes that are used for identification of an enlistment processing procedure.
RE-3C applies to persons who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable. A local bar to reenlistment is one of those instances in which a person would be issued a code of RE-3C at the time of separation.
Army Regulation 601-280 serves as the authority for reenlistments and establishes reenlistment control points (RCP). It provides, in pertinent part, that soldiers in the pay grade of E-3 at the end of their enlistment are not authorized to reenlist. Soldiers who are reduced to the pay grade of E-3 are not allowed to extend their enlistment.
Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides in pertinent part, that information contained on the DD Form 214 will be information that is current up through the date of separation. A correction will not be made to the DD Form 214 to add information/data that occurs subsequent to the date of separation on the DD Form 214.
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. The applicant's contention that he had no misconduct and thus did not deserve the RE Code he received is without merit. The evidence of record clearly shows that such was not the case. Not only was the applicant barred from reenlistment by his commander for indebtedness, he was reduced to the pay grade of E-3 for assaulting his wife. This action in itself amounted to a self-imposed bar to reenlistment because he exceeded the RCP for his pay grade and could not extend or reenlist.
3. The Board has noted that subsequent to his REFRAD he was awarded the ARCOM for his service in a USAR unit. However, it was awarded subsequent to the date of his REFRAD and the applicable regulations prohibit its entry of his DD Form 214 until such time as he again receives a DD Form 214 for being on active duty.
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
___jm___ __js_____ _mm____ DENY APPLICATION
| CASE ID | AR2002079456 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/03/25 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 4 | 100.0300/RE CODE |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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