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

APPLICANT STATES:  That the circumstances that forced him to apply for a hardship discharge no longer exist.

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

He was born on 13 July 1972.  He completed 13 years of formal education.  He enlisted in the Regular Army on 30 July 1991.  He completed basic training and advanced individual training and was awarded military occupational specialty 75B (Personnel Administrative Specialist).

On 10 March 1994, the applicant applied for a hardship discharge due to severe marital difficulties.  His spouse spoke only Spanish, could not adjust to life in the Army, especially in Germany, and forced the applicant to choose between his spouse or his career.

The appropriate authority approved the request and the applicant was relieved from active duty on 30 July 1994, with an honorable characterization of service, in pay grade E-4.  He had completed 3 years and 1 day of creditable active service and had no lost time.  He was given a reentry code of RE-3.  His awards included the Army Commendation Medal, the Army Achievement Medal 2nd Oak Leaf Cluster and the Good Conduct Medal.

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.  

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.  In view of the fact that he received a hardship separation, the assigned reentry eligibility code of RE-3 was and still is appropriate.  The applicant was disqualified from reenlistment, but the disqualification is waiverable.  He should visit his local recruiting station and inform them that, as his marital circumstances have changed, he would like to apply for a waiver to reenlist.

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