PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 September 2002
	DOCKET NUMBER:   AR2002067905

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. Donald P. Hupman, Jr.		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 in effect, 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.  In support of his application he submits various copies of award certificates and a copy of his college transcript.

3.  The applicant states, in effect, that the reenlistment code of 3C is prohibiting him from attending warrant officer flight school.  He had a good record and would like to continue a career as an aviator but his reenlistment code is stopping him.  

4.  The applicant’s military records show that on 9 May 1985, he enlisted in the Regular Army for 3 years.  He completed the required training and was awarded military occupational specialty 76C10 (Equipment Records and Parts Specialist). 

5.  On or about 17 October 1985, the applicant departed for an assignment in Germany.  He was assigned to Company C, 78th Engineer Company.  On 
13 May 1985, while assigned to a unit in Germany, the applicant voluntarily extended his tour in Germany.  On or about 5 October 1987, the applicant departed Germany, and was reassigned to a unit at Fort Drum, New York.

6.  Between 11 March 1988 and 3 June 1988,  the applicant was counseled on 
four separate occasions for indebtedness, poor duty performance, negative attitude, and for his inability to follow instructions.

7.  On 8 June 1988, the applicant’s commander initiated action to bar him from reenlistment.  The commander’s recommendation was based on the applicant’s numerous counseling sessions for indebtedness, poor duty performance, inability to follow instructions, and for his negative attitude.  

8.  The applicant signed the DA Form 4126-R (Bar to Reenlistment Certificate), which stated that he was counseled on the implications of the action and his right to appeal.  He elected not to appeal.  The DA Form 4126-R is the only information found in the applicant’s record concerning his bar to reenlistment.  The applicant’s separation information is not available.

9.  On 13 June 1988, the appropriate authority approved the bar to reenlistment.

10.  On 5 December 1988, the applicant was honorably released from active duty and transferred to the U. S. Army Reserve in pay grade E-4, under the provision of Army Regulation 635-200 paragraph 16-12.  He completed 3 years, 6 months, and 5 days of creditable active service.  He was assigned a reentry code of RE-3C.

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharge caused by changes in services obligations.  Paragraph 16-12 applies to the Holiday Early Transition Program and release from active duty.

12.  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 US 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.

13.  RE-3C applies to persons not qualified for continued Army service, due to failure to meet grade and service requirements.  However, failure to meet grade and service requirements was not the applicant’s case.  He received a local bar to reenlistment.

14.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

15.  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 of Army Regulation 601-210 (RA and Army Reserve Enlistment Program).  Therefore, since enlistment criteria do change, and since the applicant has the right to apply for a waiver, it is suggested that he periodically visit his local recruiting station to determine if he should apply for a waiver.

CONCLUSIONS:

1.  It is the opinion of this Board, that the applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) was erroneously annotated with a reentry code RE-3C.  

2.  The evidence of record shows that the applicant received a local bar to reenlistment.  Therefore, based on the regulation, the applicant should have received a reentry code of RE-3. 

3.  In the interest of justice, and in the light of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s record as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending the applicant’s DD Form 214, to show RE-3 as his reentry code.

BOARD VOTE:  

__AAO__  __KWL__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2002067905	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/09/24	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.