BOARD DATE:	  6 April 2010

		DOCKET NUMBER:  AR20090020799 


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 change of the reentry code (RE code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) from 3 to 1.

2.  The applicant states the following:

* he had no medical issues when he was discharged
* he is trying to return to active duty but no branch of the Armed Services will accept him with a reentry code of 3

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 8 October 2002.  He was awarded military occupational specialty 91W (Health Care Specialist).  

3.  The record shows the applicant requested early release from active duty to attend college.  His request was approved by the separation authority who directed the applicant receive an honorable discharge.  The applicant was released from active duty accordingly, on 11 August 2006, having served 3 years, 10 months, and 4 days.

4.  The applicant's DD Form 214 shows the following:

* in item 26 (Separation Code), the code MCF
* in item 27 (Reentry Code), RE code 3
* in item 28 (Narrative Reason for Separation), separation to attend school

5.  Army Regulation 601-210 (Regular and Reserve Components Enlistment Program) states prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or reason for discharge.  These codes are not to be considered derogatory in nature; they are simply codes used for identification of an enlistment processing procedure.  RE code 3 applies to individuals who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  The regulation further states prior service personnel who were released early to attend school and received a Separation Program Designator (SPD) code of MCF may enlist without an RE code waiver. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change his RE code was carefully considered and not supported by the evidence.

2.  The applicant’s RE code was assigned based on the fact that he requested early release from active duty to attend college.  The RE code associated with this type of discharge is RE-3.  The RE code on the applicant's DD Form 214 is correct.  Therefore, he is not entitled to the requested relief.  








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)                                         AR20090020799



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ABCMR Record of Proceedings (cont)                                         AR20090020799



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