BOARD DATE: 18 August 2011
DOCKET NUMBER: AR20110002948
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 that his Reentry (RE) code be changed to a 1.
2. The applicant states, in effect, that he was assigned an RE code of 3; but he should have been assigned an RE code of 1 because he is fit for duty. He tried to join the National Guard and they would not consider him based on his RE code.
3. The applicant provides a copy of his DD Form 214 (Certificate of Transfer or Discharge from Active Duty), DD Form 2808 (Report of Medical Examination), mental status evaluation, and Department of Veterans Affairs (VA) Progress Notes.
CONSIDERATION OF EVIDENCE:
1. On 29 June 2006, the applicant enlisted in the Regular Army (RA) for a period of 3 years and 23 weeks and training as a Quartermaster and Chemical Equipment Repairer. He completed his training and transferred to Fort Bragg, North Carolina.
2. He continued to serve until he was honorably discharged on 23 July 2008 under the provisions of Army Regulation 635-200, paragraph 5-17, due to a condition, not a disability. He had served 2 years and 25 days of active service and he was assigned a separation code of JFV" and an RE code of 3 based on his narrative reason for separation.
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 reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. 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.
4. 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 waiver may be submitted through a local recruiting office. Waivers are granted based on the needs of the service at the time of application. Inasmuch as needs change over time, individuals are encouraged to contact their nearest recruiting office periodically to determine the needs of the service at the time. The applicable regulations direct that an RE code of 3 be issued for a separation code of JFV, which indicates separation under paragraph 5-17 of Army Regulation 635-200.
DISCUSSION AND CONCLUSIONS:
1. The applicants administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicants rights.
2. The applicant was discharged under the provisions of Army Regulation
635-200, chapter 5 and properly assigned an RE code of 3 based upon his narrative reason for discharge in accordance with the applicable regulations.
3. The applicants contentions have been noted. However, there are procedures whereby the applicant can apply to for a waiver of his RE code if he is in fact physically qualified and the needs of the service justify his return. However, it is understood that waivers are granted based on the needs of the service at the time and those needs vary with time. Therefore, he should contact his local recruiter.
4. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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.
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