APPLICANT REQUESTS:  Correction of appropriate military records to show a reentry eligibility (RE) code of RE-1.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

APPLICANT STATES:  Per his contract, he had the option of a discharge if he did not qualify for flight training.  Currently, his RE-3 code is hindering his ability to enlist in the Reserve and is affecting his ability to obtain a security clearance at work.

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

He enlisted in the Regular Army on 11 April 1989 for the Warrant Officer Flight Training Option.

On 7 May 1989, the applicant’s commander initiated separation action under the provisions of Army Regulation 635-200, paragraph 5-12 because he did not pass his class I flight physical.

On 7 May 1989, the applicant waived consideration of his case by an administrative separation board, personal appearance before such a board and representation by counsel and elected not to submit a statement.  He did elect to exercise his option to be discharged.

On 12 May 1989, a mental status evaluation found the applicant met the medical retention standards of Army Regulation 40-501 and cleared him for any administrative action deemed appropriate.

The appropriate commander approved the recommendation for separation.

On 22 May 1989, the applicant was discharged, under the provisions of Army Regulation 635-200, paragraph 5-12, for failure to qualify medically for flight training - no disability.  His separation was uncharacterized and he was given a reentry code of RE-3.  

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.  The assigned reentry eligibility code of RE-3 was and still is appropriate considering the reason for the applicant’s discharge.  The applicant was disqualified from reenlistment; however, the disqualification is waiverable.

3.  The applicant should point out to his security office at his place of employment that his discharge had nothing to do with any kind of security, either medical or personnel, “problems.”  He passed his enlistment physical, he just did not pass his flight physical, which is far more stringent considering the physical stresses placed upon the body during flight training/duties.

4.  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