Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100029983
Original file (20100029983.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20100029983 


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 a waiver of his reentry (RE) code.

2.  The applicant states he was counseled that a waiver could be obtained.

3.  The applicant provides:

* congressional correspondence
* a recruiter's letter of support 
* a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  On 4 November 2009, the applicant enlisted in the Army National Guard (ARNG) for training in military occupational specialty (MOS) 25B (Information Systems Operator-Analyst).

2.  On 7 February 2010, the applicant entered active duty to complete his initial active duty for training (IADT), which included basic combat training and advanced individual training (AIT) in MOS 25B.

3.  Records show on 22 March 2010, the applicant was counseled concerning the unit chain of command's recommendation to separate him for failure to adapt to military life.  

4.  On 29 March 2010, the unit commander notified the applicant of her intent to process him for separation under the provisions of chapter 11, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Entry Level Performance and Conduct.  The applicant consulted with legal counsel and was advised of the basis for the contemplated separation action and its effects.

5.  On 30 March 2010, the separation authority approved the applicant’s separation action.  The separation authority directed that the applicant be discharged as a Reserve of the Army and returned to the ARNG and receive an uncharacterized entry-level separation.  On 6 April 2010, the applicant was discharged accordingly and was given an RE code of 3.

6.  On 7 April 2010, the applicant was discharged from the ARNG and given an RE code of 3.

7.  National Guard Regulation 600-200 establishes the standards, policies, and procedures for the management of ARNG enlisted Soldiers.  Table 8-1 contains guidance on RE codes.  It states RE-3 will be assigned when a member is not fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable.

8.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment.  It states that 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's request to receive a waiver of his RE code of 3 to allow him to reenlist has been carefully considered.  However, the evidence is not sufficient to support this claim.

2.  The applicant is advised that the RE code is an administrative code assigned based on the authority and reason for discharge.

3.  The applicant is advised that although the RE code of 3 reflects a disqualification there are regulatory provisions which allow him to apply for a waiver to enlist/reenlist.  Therefore, if he would like to reenter military service, he should consult with recruiting officials who are responsible for submitting RE code waivers.

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)                                         AR20100029983



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100029983



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120008959

    Original file (20120008959.txt) Auto-classification: Denied

    On 27 May 2009, the applicant was notified by the appropriate authority that action was being initiated to separate him from the ARNG by reason of entry level performance and conduct. Chapter 3 prescribes the basic eligibility for prior-service applicants for enlistment. Those individuals can best advise a former service member as to the needs of the service at the time and are responsible for processing RE code waivers.

  • ARMY | BCMR | CY2010 | 20100011830

    Original file (20100011830.txt) Auto-classification: Denied

    The applicant provides the following documents in support of his application: * spirometry report [asthma test] * individual copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) CONSIDERATION OF EVIDENCE: 1. The NGB Form 22 in his record shows that the applicant was discharged from the ARNG under the provisions of paragraph 8-23b(3), National Guard Regulation 600-200 (Enlisted...

  • ARMY | BCMR | CY2011 | 20110009592

    Original file (20110009592.txt) Auto-classification: Denied

    However, his official record shows that on 4 February 2010, while in a replacement holding unit, he was released from ADT under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-11, due to failing to meet medical/physical procurement standards. Chapter 3 prescribes basic eligibility for prior service applicants for enlistment. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon...

  • ARMY | BCMR | CY2013 | 20130001009

    Original file (20130001009.txt) Auto-classification: Denied

    The applicant's record contains a memorandum from his company commander, subject: Separation Under Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, Other Designated Physical or Mental Conditions, wherein his commander advised him that he was initiating action to separate him from the Army. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military...

  • ARMY | BCMR | CY2009 | 20090001726

    Original file (20090001726.txt) Auto-classification: Denied

    This paragraph also provides that only the honorable characterization may be awarded a Soldier upon completion of his or her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reason for separation, unless an entry level status separation (uncharacterized) is warranted. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) provides, in pertinent part, that prior to discharge or release...

  • ARMY | BCMR | CY2012 | 20120021876

    Original file (20120021876.txt) Auto-classification: Denied

    This regulation provides 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. National Guard Regulation 600-200 (Enlisted Personnel Management) provides that when a Soldier is discharged due to failure to attend initial entry training Phase I or Phase II, an RE code of 3 will be assigned. The evidence shows he was separated due to failure to attend Phases I and II of IADT.

  • ARMY | BCMR | CY2010 | 20100013354

    Original file (20100013354.txt) Auto-classification: Denied

    The applicant requests his discharge characterization and the reason for his discharge be changed to an uncharacterized discharge. As evidence to support his application, the applicant provided his ARNG discharge orders and NGB Form 22 showing he was discharged on 21 June 2001 with an uncharacterized discharge. c. Army Regulation 635-200, paragraph 3-9a(1), states that a separation will be described as entry level with service uncharacterized if processing is initiated while a Soldier is...

  • ARMY | BCMR | CY2014 | 20140009828

    Original file (20140009828.txt) Auto-classification: Denied

    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 635-5-1 provides that a separation code of “JKA” will be assigned to enlisted personnel separated from the service under the provisions of Army Regulation 635-200, paragraph 14-12b, due to misconduct. The applicant has failed to show through the evidence submitted or the evidence of record...

  • ARMY | BCMR | CY2014 | 20140015608

    Original file (20140015608.txt) Auto-classification: Denied

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. An Adjutant General (AG) Arkansas Form 4187-E (Personnel Action – Request for Discharge) was initiated by the R&R Command, North Little Rock, AR, on 16 May 2014, recommending the applicant be discharged from the ARNG and as a Reserve of the Army, by reason of "Conviction by Criminal Court" by authority of National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), paragraph 6-35i(2), with a recommended discharge type of...

  • ARMY | BCMR | CY2013 | 20130004094

    Original file (20130004094.txt) Auto-classification: Denied

    The applicant requests, in effect, an upgrade of the reentry eligibility (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 14 December 2010 from an RE code of "3" to an RE code of "2." His Army Military Human Resources Record (AMHRR) contains a third DD Form 214 for the period ending 3 December 2010. According to this regulation, these codes will not be used.