| Mr. Carl W. S. Chun | Director | |
| Ms. Rosa M. Chandler | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Ms. Shirley L. Powell | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that both Item 26 (Separation Code) and Item 27 (Reentry Eligibility (RE) Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to more favorable codes so that he will be eligible to reenter the military.
APPLICANT STATES: That his DD Form 214 does not indicate why his separation code is that of an RE-3.
EVIDENCE OF RECORD: The applicant's military records show:
That on 19 April 1989, he enlisted in the Regular Army for 4 years and training in military occupational specialty (MOS) 93F (Field Artillery Meteorological Crewmember). He completed the required training, was awarded MOS 93F and, on 24 October 1989, he was assigned to Fort Knox, Kentucky, with duties in MOS 93F. On 26 October 1990, he was assigned to Fort Riley, Kansas, with duties in MOS 93F.
On 4 November 1992, a flagging action was initiated against the applicant as a result of his being placed in the Army weight control program. The applicant's DA Form 2A, Personnel Qualification Record, dated 9 March 1993, also shows that he was ineligible to reenlist due to being overweight. There is no evidence that applicant was ever removed from the weight control program or that he requested a waiver to reenlist.
On 18 March 1993, the applicant was honorably discharged under the provisions of chapter 4, Army Regulation 635-200 upon expiration of his term of service (ETS). He had completed 4 years of creditable active service. He was assigned a Separation Code of "LBK" and a Reenlistment Code of "RE-3."
On 7 July 1993, the Adjutant General's Department, Military Division, Topeka, Kansas, approved a waiver for the applicant to enlist in the Kansas Army National Guard (KSARNG).
On 12 July 1993, the applicant enlisted in the KSARNG for 3 years in his previous MOS and in pay grade E-4. The applicant missed multiple unit training assemblies and on 21 March 1995, he was separated with a general discharge under honorable conditions as a result of being an unsatisfactory participant. He was again assigned an RE-Code of "RE-3."
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 4 of that regulation provides, in pertinent part, for the discharge or release from active duty upon termination of enlistment and other periods of active duty or active duty for training. A soldier separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the soldier is in entry-level status and service is uncharacterized.
A separation code of "LBK" applies to RA soldiers separated upon completion of their service obligation, but they are ineligible for reenlistment.
Pertinent Army Regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records and/or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlisting and processing into the RA and the eligibility of prior service applicants for enlistment. That chapter includes a list of Armed Forces RE codes and RA RE codes. An RE-3 code applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.
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. Upon completion of his active duty commitment on 18 March 1993, the applicant was assigned a Separation Code of "LBK" and an RE code of RE-3 because he had a bar to reenlistment and was ineligible for reenlistment due to being overweight.
3. A Code of RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable as determined by enlistment officials and the needs of the Army. The evidence available indicates the applicant was granted a waiver to enlist in the ARNG in July 1993. There is no evidence available to indicate that he was ever denied a waiver to reenlist.
4. In view of the circumstances in this case, both the assigned RE code and the separation code on the applicant's DD Form 214 were, and still are, appropriate. The applicant has submitted no evidence that these codes are in error or should be changed.
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
__sac___ __slp___ __jtm___ DENY APPLICATION
| CASE ID | AR2003084028 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030610 |
| TYPE OF DISCHARGE | (HD) |
| DATE OF DISCHARGE | 19930418 |
| DISCHARGE AUTHORITY | AR635-200, Chap 4 |
| DISCHARGE REASON | A03.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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