| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Ms. Gail J. Wire | Chairperson | |
| Ms. Karen A. Heinz | Member | |
| M r. Robert Duecaster | Member |
APPLICANT REQUESTS: That his reentry (RE) code be changed to 1. In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.
APPLICANT STATES: That he wants to reenlist in the Navy and he cannot do so with an RE code of 3. He was given that RE code because his wife was having severe seizures and needed his assistance, so he was given a hardship discharge. He had no choice but to help her. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 29 November 1989. He was honorably discharged on 31 March 1992 under the provisions of Army Regulation 635-200, paragraph 6-3b for hardship. He was given an RE code of 3.
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 U.S. 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.
Army Regulation 601-210 states that a waiver is required for any applicant who was separated for any of several reasons, including hardship. If the individual was separated for hardship, additional documentation must be presented to recruiting officials: DA Form 3072-2 (Applicant's Monthly Financial Statement); proof that the prior condition upon which separation was approved no longer exists; and proof in the form of an affidavit made by the person upon whose behalf the separation was processed or any legal documents which would show that the situation upon which the separation was based no longer exists.
Army recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria. They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210.
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. In view of the fact the applicant separated as a result of a hardship discharge, RE code 3 was and still is appropriate. The applicant was disqualified from reenlistment in the Army but the disqualification is waivable. Provided otherwise qualified, he would normally just have to provide the required proof to show the hardship for which he was discharged no longer existed.
3. The Board is not familiar with Navy enlistment procedures. However, since he was given the proper RE code upon his discharge from the Army, it would not be appropriate to change it at this time.
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
__gjw___ __kah___ __rd____ DENY APPLICATION
| CASE ID | AR2003090802 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030731 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 100.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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