RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 4 March 2004
DOCKET NUMBER: AR2003091366
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Edmund P. Mercanti | |Analyst |
The following members, a quorum, were present:
| |Ms. Kathleen A. Newman | |Chairperson |
| |Mr. Eric N. Andersen | |Member |
| |Mr. Kenneth L. Wright | |Member |
The applicant and counsel if any, did not appear before the Board.
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his Reentry (RE) code be changed from RE-3
to RE-1.
2. The applicant states that he was discharged with severance pay for
physical unfitness. He has now been cleared to return to active duty by
his physician and needs his RE code changed to reenlist. He adds that he
understands that he will have to pay back his severance pay if his request
is approved.
3. The applicant provides a copy of his DD Form 214, Certificate of
Release or Discharge from Active Duty, and a Radiology report which shows
that five views of the applicant’s lumbar spine failed to reveal a
herniated disc.
CONSIDERATION OF EVIDENCE:
1. The applicant’s records could not be located. The following
information was derived from the applicant’s DD Form 214 that he, himself,
provided.
2. He enlisted in the Regular Army on 24 November 1999, was awarded the
military occupational specialty of food service specialist, and was
promoted to pay grade E-4.
3. On 27 December 2001, the applicant was honorably discharged due to
physical disability with severance pay and assigned an RE-3 code.
4. RE-3 indicates that a person was not qualified for continued Army
service, but the disqualification is waivable. Persons discharged for
physical unfitness are assigned a code of RE-3. However, under today's
standards, the Department has imposed strict enlistment standards to meet
the reduced demands of the Army and a very limited number of waivers are
being granted.
5. 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 AND CONCLUSIONS:
1. The applicant has not contended that his discharge for physical
unfitness was in error. He is asking that a properly issued RE code be
changed to facilitate his reenlistment in the Army.
2. Since the applicant was properly assigned a code of RE-3, there is no
reason to change that code.
3. The applicant is advised that although his RE-3 was properly assigned;
this does not mean that he is totally disqualified from returning to
military service. The disqualification upon which the RE-3 codes were
based may be waived for enlistment purposes. The applicant is advised that
if he desires to enlist, he should contact a local recruiter who can best
advise him on his eligibility for returning to military service. These
individuals can best advise a former service member as to the needs of the
service at the time and may process enlistment waivers for the applicant’s
RE code.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
__kan____ ____ena_ ____klw_ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
_________Kathleen A. Newman________
CHAIRPERSON
INDEX
|CASE ID |AR2003091366 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040304 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.03 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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