PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 January 2002    
	DOCKET NUMBER:   AR2001063241

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Richard T. Dunbar		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his reentry (RE) code be changed to reflect a more favorable RE code that will allow him to reenlist.

3.  The applicant states that he is not able to reenlist because of one incident in his 22 months of service.  He contends that during the same period of time he was not involved in any other misconduct, that he always strived to overachieve in any assignment that he was given and that he was one of the top performing soldiers in his unit.  In support of his application, he submits a letter of explanation; a character reference letter, dated 2 October 2001; orders for the Air Assault Badge; an award certificate for successful completion of Individual Infantry Training; a Certificate of Achievement; and his General Discharge Certificate. 

4.  The applicant’s military records show that he enlisted on 29 October 1997 for a period of 4 years.  He successfully completed basic and advanced individual training and was transferred to Fort Campbell, Kentucky, for duty as an infantryman.  On 9 July 1999, the applicant was separated with a general discharge under the provisions of Army Regulation 635-200, chapter 14, for misconduct (marijuana use).  He had served 1 year, 8 months and 11 days of total active service and was issued an RE code of RE-4.  

5.  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 processing into the Regular Army and the USAR.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes. 

6.  Paragraph 3-27 of Army Regulation 601-210 provides that RE Codes may be changed only if they are determined to be administratively incorrect.  
      
7.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable, such as personnel discharged for misconduct.

8.  RE-4 applies to persons not qualified for continued Army service by virtue of being separated from the service with a nonwaivable disqualification.

CONCLUSIONS:

1.  The applicant was discharged for misconduct and he was issued an RE code of RE-4.  However, the governing regulation states that RE code “RE-3” applies to personnel discharged for misconduct.  Therefore, it would be appropriate at this time to correct the applicant’s records to show that his RE code should be RE-3.
2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was issued an RE code of RE-3, vice the RE code of RE-4 he currently holds.

BOARD VOTE:  

GDP____  WTM___  RTD____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__George D. Paxson______
		        CHAIRPERSON

INDEX

CASE ID	AR2001063241	
SUFFIX		
RECON		
DATE BOARDED	20020124	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.