APPLICANT REQUESTS:  Correction of appropriate military records to show a reentry eligibility (RE) code of 2B, which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

APPLICANT STATES:  That he believes he should be given the opportunity to serve his country because he worked hard in the U.S. Army Reserve to get his rank back.  He wants to go back on active duty.  He was not aware that an RE-3 would prevent his reenlistment.

EVIDENCE OF RECORD:  The applicant’s military records show: 
He was born on 6  March 1969.  He completed 12 years of formal education.  He enlisted in the U.S. Army Reserve on 1 November 1988.  He enlisted in the Regular Army on 5 January 1989 and was honorably released from active duty on 13 January 1992 under an early transition program.  He reenlisted in the Regular Army on 7 April 1993 for 3 years.  His military occupational specialty was 12B (Combat Engineer).

On 7 October 1993, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for failure to go to his place of duty.

By January 1994, the applicant received five counseling statements for dishonored checks or failure to pay and six statements for missing formation or similar infractions.

On 13 January 1994, the applicant received a local bar to reenlistment.  He elected not to appeal the bar.

The applicant was released from active duty on 3 August 1994, under the provisions of Army Regulation 635-200, Chapter 16, Reduction in Force, in pay grade E-3 with a reentry code of RE-3.  His separation designator code of “LCC” indicates this was an involuntary discharge to be used when HQDA message or other directive announces voluntary or involuntary early separation program due to reduction in force, strength limitations or budgetary constraints..  He had completed a total of 4 years and 4 months 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.  Soldiers denied reenlistment 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, and advisory opinion, 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.  In view of the fact that the applicant had received a local bar to reenlistment, the assigned reentry eligibility code of RE-3 was and still is appropriate.  The applicant was disqualified from reenlistment, but the disqualification is waiverable.  (RE 2B would not have been appropriate, as that was for soldiers who voluntarily separated under an early release program who were otherwise fully qualified for reenlisment but chose not to do so.)

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