APPLICANT REQUESTS:  In effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow immediate reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

APPLICANT STATES:   The applicant makes no statement except to note a few of the reasons for which he was discharged.

EVIDENCE OF RECORD:  The applicant’s military records show: 

He was born on 19 March 1972.  He completed 12 years of formal education.  He enlisted in the Regular Army on 18 July 1990 for 4 years and 18 weeks.  He completed basic training and advanced individual training and was awarded military occupational specialty 14J (Early Warning Systems Operator).

On 17 February 1994, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for absenting himself from his place of duty to avoid deployment.

On 5 April 1994, the applicant completed a mental status evaluation and was found to be mentally responsible, able to distinguish right from wrong and to adhere to the right and to be mentally capable of understanding and participating in board proceedings.

On 6 April 1994, the applicant completed a separation physical and was found qualified for separation. 

On an unknown date, the commander initiated separation action under the provisions of Army Regulation 635-200, Chapter 14 for pattern of misconduct.  He cited the applicant’s failure to report for duty on more than one occasion; driving while under the influence; arrest by civil authorities; disrespect towards a non-commissioned officer; driving without a license; and failure to perform duties as assigned.

On 5 May 1994, the applicant acknowledged the separation action.  He submitted no statements in his own behalf.

On 10 May 1994, the appropriate authority approved the recommendation and directed the applicant be given a general discharge.

On 7 June 1994, the applicant was discharged, with a general discharge, under the provisions of Army Regulation 635-200, Chapter 14, for misconduct, in pay grade E-4 with a reentry code of RE-3.  He had completed 3 years,10 months and 20 days of creditable active service and had no lost time.  

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 covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army (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.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waiverable.  Applicants discharged for misconduct fall into this category.

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, Regular Army and Army Reserve Enlistment Program.  Since enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  In view of the circumstances of this case, the assigned reentry eligibility code was and still is appropriate; however, the disqualification upon which the code was based can be waived for reenlistment purposes.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                                Loren G. Harrell
					 	Director