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ARMY | BCMR | CY2004 | 2004102949C070208
Original file (2004102949C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         21 September 2004
      DOCKET NUMBER:  AR2004102949


      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             |
|     |Ms. Jeanie M. Biggs               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Paul M. Smith                 |     |Member               |

      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 told by his command that after six
months he would be eligible for re-entry when in fact it is two years.”

3.  The applicant did not provide any evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the Army Reserve Delayed Entry Program (DEP)
on 20 September 1999.  On 28 September 1999, he was separated from the DEP
and enlisted in Regular Army for 4 years.  He was awarded the military
occupation specialty of signal support systems specialist, and was promoted
to pay grade E-2.

2.  On 23 July 2002, the applicant was honorably discharged due to
unsatisfactory performance and assigned an RE-3 code.

3.  RE-3 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.

4.  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 stated that his discharge for unsatisfactory
performance was in error or unjust.  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,
it does not mean that he is totally disqualified from returning to military
service.  The disqualification upon which the RE-3 code was 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 FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____bje__  ____pms  __jch____  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.





                                  _________James C. Hise________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004102949                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040921                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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