BOARD DATE:	    27 October 2011

		DOCKET NUMBER:  AR20110009592 


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 change of his reentry eligibility (RE) code to RE-1.

2.  The applicant states he desires to have his RE code changed to an RE-1 so he can reenter military service in the future.  He goes on to state that he is
31 years of age and he has been a law enforcement officer for 6 years.  He believes he is competent to complete service in the Reserves.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and copies of doctor’s notes dated prior to his enlistment.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Texas Army National Guard (TXARNG) on
26 February 2009.  He was ordered to active duty for training (ADT) on
10 January 2010 and he was transferred to Fort Benning, GA to undergo basic training.

2.  The specific facts and circumstances surrounding his administrative separation are not present in the available records.  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.  He was issued a separation code of “JFW’ with a character of service of uncharacterized and was given an RE code of “NA.  He was transferred back to his TXARNG unit.

3.  On 5 February 2010, he was separated from the TXARNG and as a Reserve of the Army.  The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) he was issued at the time shows he was separated under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 6-35c(5)(a), for failing to meet medical procurement standards of Army Regulation 40-501 (Standards of Medical Fitness), chapter 2 prior to entry on initial entry training (IET).  Item 26 (Reenlistment Eligibility) shows the entry "RE-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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army, U.S. Army Reserve, and the ARNG.  Chapter 3 prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes.

	a.  RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible for enlistment unless a waiver is granted.  A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office.

5.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states item 27 (Reentry Code) does not apply to Reserve Component Soldiers being separated for other than cause.

6.  National Guard Regulation 600-200 prescribes the criteria, policies, processes, procedures and responsibilities to classify, assign, and utilize ARNG and Army National Guard of the United States (ARNGUS) enlisted Soldiers.  Appendix F (Discharge Documentation) contains step by step directions for 

completing the NGB Form 22.  It states for Item 26 (Reenlistment Eligibility), enter the reenlistment code cited for the reason from paragraph 6-35 (Separation/Discharge from State ARNG and/or Reserve of the Army) or 6-36 (State ARNG Separations) of this regulation.  These paragraphs state that failure to meet medical procurement standards of Army Regulation 40-501, chapter 2, prior to entry on IET required an RE 3 code.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights.

2.  Since the applicant was not separated for cause when he was released from ADT, his DD Form 214 properly reflects his RE code as “NA.”

3.  When he was separated from the ARNG, he was properly issued an RE-3 code based on the authority and reason for his separation.  Therefore, in the absence of evidence to show that an error or injustice exists in his case, there appears to be no basis to grant his requested relief.

4.  The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and are required to process 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)                                         AR20110009592



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ABCMR Record of Proceedings (cont)                                         AR20110009592



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