IN THE CASE OF:
BOARD DATE: 26 May 2011
DOCKET NUMBER: AR20100027767
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 her reentry eligibility (RE) code be changed from
a 3 to 1 so she can enlist in the Armed Forces.
2. The applicant states she completed her contract and served honorably in the U.S. Army.
3. The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 19 June 2009.
CONSIDERATION OF EVIDENCE:
1. She enlisted in the Regular Army on 17 January 2006 for a period of 3 years and 22 weeks. She completed the training requirements and she was awarded military occupational specialty 74D (Chemical, Biological, Radiological and Nuclear Specialist).
2. Her Enlisted Record Brief (ERB), dated 19 May 2009, contains the following entries:
a. Section I - Assignment Information shows a flagging action was initiated on 21 January 2009.
b. Section III - Service Date shows the following dates of rank (DOR):
* private2 (PVT2) - 2 March 2009
* private first class (PFC) - 9 October 2008
* specialist (SPC) - 17 January 2008
3. On 19 June 2009, she was released from active duty. She had completed
3 years, 5 months, and 3 days of active service that was characterized as honorable. She was assigned an RE code of 3.
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 (Regular Army and Army Reserve Enlistment Program) provides eligibility criteria, policies, and procedures for enlistment and processing into the RA and the US Army Reserve. Table 3-1 (U.S. Army reentry eligibility codes) shows that:
* RE-1 applies to persons completing their term of service who are considered qualified to reenter the Army
* RE-3 applies to persons not fully qualified for reentry or continued service at the time of separation, but the disqualification is waivable
5. Army Regulation 601-280 (Army Retention Program states that Soldiers in a non-promotable status are ineligible for immediate reenlistment. However, these Soldiers may be eligible to apply for enlistment at a later date.
DISCUSSION AND CONCLUSIONS:
1. Her DOR for PVT2 and PFC are later than her DOR for SPC (17 January 2008). Therefore, it is reasonable to conclude she was reduced to PFC on
9 October 2008 and to PVT2 on 2 March 2009. There is no record of courts-martial action in her official military personnel file. Therefore, it is reasonable to conclude these reductions were the result of non-judicial punishment.
2. Her ERB shows her record was flagged on 21 January 2009 for adverse action. The record of this FLAG is not available. The flagging action placed her in a non-promotable status. There is no record of this FLAG having been removed prior to separation.
3. At the time of separation she was not eligible for immediate reenlistment because she was in a non-promotable status. Therefore, the assignment of the RE code of 3 was correct. In view of the above facts there is no basis for changing her RE code to a 1.
4. The applicant is advised that although her RE-3 code was properly assigned this does not mean she is totally disqualified from returning to military service. The disqualification upon which the RE-3 codes were based may be waived for enlistment purposes. She is advised that if she desires to enlist she should contact a local recruiter who can best advise her on the needs of the military and process an enlistment waiver for her RE code.
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.
____________X____________
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) AR20100027767
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ABCMR Record of Proceedings (cont) AR20100027767
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