RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 July 2007
DOCKET NUMBER: AR20070002385
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.
| |Ms. Catherine C. Mitrano | |Director |
| |Ms. Deyon D. Battle | |Analyst |
The following members, a quorum, were present:
| |Mr. James Anderholm | |Chairperson |
| |Mr. Jose Martinez | |Member |
| |Mr. William Crain | |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 eligibility (RE) code be
changed from RE-4 to RE-2 or RE-3.
2. The applicant states that the civilian that issued his Certificate of
Release or Discharge (DD Form 214) was a new employee and no regulations or
book were present when his DD Form 214 was being prepared.
3. The applicant provides no additional documentation in support of his
application.
CONSIDERATION OF EVIDENCE:
1. On 2 October 1995, the applicant enlisted in the Army in Nashville,
Tennessee, for 3 years, in the pay grade of E-1. He successfully completed
his training as an infantryman.
2. The facts and circumstances surrounding the applicant's separation are
not available for review at this time. The available information indicates
that after completing 10 years, 6 months and 27 days of net active Army
service, the applicant was honorably retired on 28 April 2006, with
severance pay, under the provisions of Army Regulation 635-40, paragraph 4-
24b(2), due to physical disability. He was assigned an RE code of RE-4.
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 United States 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. An RE-4 applies to persons with a non-
waivable disqualification.
DISCUSSION AND CONCLUSIONS:
1. It appears that the applicant was properly assigned an RE code of RE-4
based on his reason for separation.
2. The applicant's contentions have been noted. However, available
evidence indicates that the RE code that he was assigned at the time of his
retirement was based on his being retired by reason of physical disability.
There appears to be no error in the RE code assigned to him by the Army.
3. In order to justify correction of a military record the applicant must
show 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.
4. In view of the foregoing, there is no basis for granting the
applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JA ___JM __ ___WC 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 Anderholm______
CHAIRPERSON
INDEX
|CASE ID |AR20070002385 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070712 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. 1021 |100.0000/ADMINISTRATIVE MATTERS |
|2. 4 |100.0300/RE CODE |
|3. | |
|4. | |
|5. | |
|6. | |
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