IN THE CASE OF:
BOARD DATE: 18 DECEMBER 2008
DOCKET NUMBER: AR20080018043
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that she be granted a more favorable reentry eligibility (RE) code.
2. The applicant states that she has been trying to get back into the Army Reserve for months and was told that she cannot until her DD Form 214 is fixed. She goes on to state that the recruiter told her that her DD Form 214 indicates that she is in the Individual Ready Reserve but her RE code indicates that she is completely out of the Army.
3. The applicant provides a copy of her DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the United States Army Reserve (USAR) in Albany, New York on 26 April 2005, for a period of 8 years, under the delayed entry program (DEP). She enlisted in the Regular Army on 26 May 2005 for a period of 6 years, training as an information systems operator, enrollment in the Army College Fund and a $9,000 cash enlistment bonus. She completed her training and was transferred to Fort Carson, Colorado. On 11 May 2006, she was advanced to the pay grade of E-3.
2. The facts and circumstances surrounding the applicants discharge are not in the available records. However, her duly constituted DD Form 214, which is signed by the applicant, shows that she was honorably released from active duty (REFRAD) on 10 October 2006, under the provisions of chapter 8, Army Regulation 635-200, due to pregnancy or childbirth. She had served 1 year, 4 months and 15 days of total active service and was issued a separation code of "MDF" and an RE code of "3." She was transferred to the USAR Control Group (Annual Training) to complete her statutory service obligation.
3. A review of the applicant's separation orders reveals that the additional instructions in her orders directed that she must contact her Reserve Component Career Counselor at her respective Military Separation Center and that her terminal date of Reserve obligation ended on 25 April 2013.
4. 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 processing into the Regular Army and the USAR. Chapter 3 of this regulation prescribes basic eligibility for prior service applicants for reenlistment. This chapter also includes a list of armed forces
RE codes.
5. An RE code of RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. A waiting period of 2 years from separation is required before a request for waiver may be submitted through a local recruiting office.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her RE code should be changed to a more favorable RE code so that she may join the Reserves has been noted and found to lack merit. The applicant is still in the USAR Control Group (Annual Training) and is responsible for keeping officials at the Human Resources Command - St. Louis (HRC-STL) informed of her current status and mailing address.
2. The applicant simply has to submit a request for a transfer to a Troop Program Unit (TPU) in her area to the HRC-STL or contact a local recruiter for assistance. The applicant also has the option of locating a unit that has a vacancy and requesting assistance from the unit to get her transferred.
3. The applicants contentions have been noted. However, there are procedures whereby the applicant can apply to a local recruiter for a waiver of her RE code if she is in fact physically qualified and the needs of the Army at the time justify her return to active service and there are means for her to fulfill her obligation in a TPU if she so desires.
4. 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 that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ 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.
_______ _XXX _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080016823
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ABCMR Record of Proceedings (cont) AR20080018043
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