IN THE CASE OF:
BOARD DATE: 4 December 2012
DOCKET NUMBER: AR20120008959
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 change of his reentry eligibility (RE) code.
2. The applicant states he believes the RE-3 code he was assigned in conjunction with his discharge of 4 August 2010 is unjust, even though he never shipped to basic training.
3. The applicant provides no documentary evidence in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Army National Guard (ARNG) on 10 September 2009.
2. 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. The unit commander cited the applicant's ineligibility to ship to training as the basis for the separation action.
3. The applicant acknowledged receipt of the separation notification and confirmed he had consulted with counsel and had been advised of the basis for the contemplated separation action and his rights in connection with this action. Subsequent to receiving counseling, the applicant completed an election of rights wherein he waived his rights to counsel and elected not to submit statements in his own behalf.
4. The final action by the separation authority is not available for review; however, his record contains a copy of Orders 155-269, issued by the Department of Military Affairs, State of Illinois, Camp Lincoln, Springfield, IL, dated 4 June 2010, that discharged him from the ARNG and as Reserve of the Army, effective 4 June 2010. The additional instructions section of these orders stated his character of service was "Uncharacterized" and an RE-3 code would be entered on his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).
5. His record contains an NGB Form 22 that was issued to him at the time of his discharge. This form shows he was discharged under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-35e, by reason of entry level status and conduct, with an uncharacterized character of service. It also shows that based on this authority and reason for his discharge he was assigned an RE-3 code.
6. National Guard Regulation 600-200 sets forth the policy and procedures for the management of enlisted personnel of the ARNG. Chapter 8 contains guidance on enlisted separations. Paragraph 8-7 contains guidance on types of separations and states that an uncharacterized description of service will be used when a member is separated while in an entry level status.
7. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the U.S. Army Reserve, and the ARNG. Chapter 3 prescribes the basic eligibility for prior-service applicants for enlistment. That chapter includes a list of Armed Forces RE codes. An 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. Chapter 4 further states recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria and are responsible for processing waivers.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to change his RE-3 code has been carefully considered. However, there is insufficient evidence to support this claim.
2. The evidence of record confirms the applicant's separation processing was accomplished in accordance with the applicable regulation. All requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.
3. By regulation, an RE-3 code will be assigned to members of the ARNG separated by reason of entry level status and conduct. Therefore, the RE-3 code assigned he was assigned based on the authority and reason for separation was and still remains valid.
4. The applicant is advised that RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however it does allow for a waiver of disqualification. Therefore, 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 responsible for processing
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) AR20120008959
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ABCMR Record of Proceedings (cont) AR20120008959
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