IN THE CASE OF:	  

		BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20100029983 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests a waiver of his reentry (RE) code.

2.  The applicant states he was counseled that a waiver could be obtained.

3.  The applicant provides:

* congressional correspondence
* a recruiter's letter of support 
* a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  On 4 November 2009, the applicant enlisted in the Army National Guard (ARNG) for training in military occupational specialty (MOS) 25B (Information Systems Operator-Analyst).

2.  On 7 February 2010, the applicant entered active duty to complete his initial active duty for training (IADT), which included basic combat training and advanced individual training (AIT) in MOS 25B.

3.  Records show on 22 March 2010, the applicant was counseled concerning the unit chain of command's recommendation to separate him for failure to adapt to military life.  

4.  On 29 March 2010, the unit commander notified the applicant of her intent to process him for separation under the provisions of chapter 11, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Entry Level Performance and Conduct.  The applicant consulted with legal counsel and was advised of the basis for the contemplated separation action and its effects.

5.  On 30 March 2010, the separation authority approved the applicant’s separation action.  The separation authority directed that the applicant be discharged as a Reserve of the Army and returned to the ARNG and receive an uncharacterized entry-level separation.  On 6 April 2010, the applicant was discharged accordingly and was given an RE code of 3.

6.  On 7 April 2010, the applicant was discharged from the ARNG and given an RE code of 3.

7.  National Guard Regulation 600-200 establishes the standards, policies, and procedures for the management of ARNG enlisted Soldiers.  Table 8-1 contains guidance on RE codes.  It states RE-3 will be assigned when a member is not fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable.

8.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment.  It states that 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to receive a waiver of his RE code of 3 to allow him to reenlist has been carefully considered.  However, the evidence is not sufficient to support this claim.

2.  The applicant is advised that the RE code is an administrative code assigned based on the authority and reason for discharge.

3.  The applicant is advised that although the RE code of 3 reflects a disqualification there are regulatory provisions which allow him to apply for a waiver to enlist/reenlist.  Therefore, if he would like to reenter military service, he should consult with recruiting officials who are responsible for submitting RE code waivers.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   __X_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100029983



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ABCMR Record of Proceedings (cont)                                         AR20100029983



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