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

APPLICANT STATES:  He believes he was given an incorrect reentry eligibility code.  He received an honorable discharge.  He needs the code changed so he can enter the Air Force National Guard.

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

After an initial term of service in the Air Force, he enlisted in the Regular Army on 22 February 1985.  He reenlisted on 23 October 1987 for 4 years.  He was honorably separated on 24 October 1991, in pay grade E-5, upon the completion of his expiration term of service.  He had completed a total of 10 years, 8 months and 3 days of creditable active service and had 2 days of lost time.  There is no evidence he was ever on an E-6 promotion recommendation list.  He was given a reentry eligibility code of RE-3C.

Army Regulation 601-280 prescribes eligibility criteria and options available in the Army Reenlistment Program.  In pertinent part, it provides that persons may not be reenlisted or extended for any period that would exceed the reenlistment ineligibility point for their grade or, if on a promotion list, for the grade to which they would be promoted.

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-3C applied to persons not qualified for continued Army service because they did not meet the reentry grade and service criteria, 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.  Presumably, Air Force recruiting personnel have a similar responsibility and similar enlistment criteria.

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 assigned reentry eligibility code of RE-3C was and still is appropriate considering the applicant’s reenlistment would have carried him beyond his retention control point.  The applicant was disqualified from reenlistment; however, the disqualification is waiverable under Army criteria.  He should check with Air Force recruiting personnel if it is waiverable under Air Force criteria.

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