| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Frank C. Jones | Member | |
| Mr. Ronald E. Blakely | Member |
APPLICANT REQUESTS: That his Reentry (RE) Code of "3C" be changed to a more favorable code in order to reenlist in the US Army Reserve (USAR).
APPLICANT STATES: That he did not discover what his RE Code meant until 6 months ago. In support of his application, he submits copies of his: DD Form 214 (Certificate of Release or Discharge from Active Duty); a letter from his platoon sergeant; an article recounting another service members experience; a Letter of Commendation and Appreciation; and award certificates for the Good Conduct Medal and the Army Achievement Medal.
EVIDENCE OF RECORD: The applicant's military records show he enlisted in the Regular Army on 30 August 1978, as an aircraft repairer. He received a Letter of Commendation for his duties as a squad leader during basic training.
He was promoted to specialist four (SP4/E-4) effective 4 December 1979. He received a Letter of Appreciation from his platoon leader for duty performance during the preceding 18 months.
The applicant appeared before the Enlisted Promotion Board on 12 May 1983 for consideration for promotion to E-5 and attained recommended list status. There is no evidence of record that he achieved the pay grade of E-5.
He continued to serve until he was honorably discharged on 23 January 1987, under the provisions of Army Regulation 635-200, chapter 4, due to his expiration of term of service (ETS), in the pay grade of E-4. He was issued an RE Code of "RE 3C."
Item 27 (Remarks) of his Personnel Qualification Record, Part II (DA 2-1) shows the entry "RE 3C NOT ELIG (Eligible) FOR REENLISTMENT."
There is no indication in the available records to show that he attempted to reenlist and was denied. Likewise, there is no documentation that the applicant was barred from reenlistment by his commander.
A letter of support from a former fellow soldier states that the applicant was a good soldier and the bar to reenlistment should be lifted to allow him to enlist in a Reserve unit.
Army Regulation 601-280 serves as the authority for the Total Army Retention Program. It outlines the procedures and criteria for immediate reenlistment of soldiers serving on active duty. It states, in pertinent part, that a soldier may not
exceed the retention control point (RCP) for their grade, by more than 29 days before expiration of contracted service (reenlistment or extension). The regulation also states, in pertinent part, that individuals who have attained local order-of-merit or official DA promotion list status, will be considered for reenlistment under the retention control point for the rank to which they will be promoted. The RCP for the applicant’s grade at that time provided that he could serve up to 13 years as an E-4.
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-3C applies to soldiers who have completed over 4 months of service who do not meet the basic eligibility pay grade requirements of AR 601-280, chapter 2, or who have been denied reenlistment under the Qualitative Retention Process under AR 600-200, chapter 4, and who are ineligible for enlistment unless a waiver is granted.
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 applicant's records state that he was ineligible for reenlistment. Since he was still within his RCP for reenlistment, the only basis for that entry would have been an approved bar to reenlistment. This is further supported by the statement from the former fellow soldier who mentions his bar to reenlistment.
2. The Board notes that the RE Code of "3C" is consistent with the basis for his separation, upon ETS with a bar to reenlistment in effect, and in this case finds no basis to correct the existing code.
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 "3C" was in error or unjust. In this case administrative regularity must be presumed.
4. There is no basis for removal of the RE code from the applicant's record. The disqualification upon which the code was based, however, can be waived for reenlistment purposes.
5. 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.
6. 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
___mp___ ___fj___ __rb____ DENY APPLICATION
| CASE ID | AR2002080910 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030624 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19870123 |
| DISCHARGE AUTHORITY | AR .635-200, chapter 4 |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 4 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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