IN THE CASE OF:	  

		BOARD DATE:	    27 January 2011

		DOCKET NUMBER:  AR20100017350 


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, in effect, that his reentry eligibility (RE) code of 3 on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed so that he may be eligible to reenter the Army without a waiver.

2.  He states an error occurred in the processing of his DD Form 214 due to the lack of personnel working in the office with a 42A (Human Resources Specialist) military occupational specialty.  

3.  He provides a copy of his DD Form 214 and his separation orders.

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's record shows he enlisted in the Regular Army on 5 June 1996.

3.  His DD Form 214 shows he was released from active duty on 18 August 2000 under the provisions of paragraph 5-17, Army Regulation 635-200 (Active Duty Enlisted Administration Separations), to attend school.  Item 26 shows he was assigned a separation program designator (SPD) code of "MCF" and item 27 (Reentry Code) shows an RE code of "3."  He was credited with completing 4 years, 2 months, and 14 days of active service.

4.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-17 establishes policy and prescribes procedures due to early separation for further education.  The regulation states that Soldiers may be discharged or released from active duty for the convenience of the Government, up to 90 days before expiration of term of service, in order to attend a specific term at a college, university, vocational school, or technical school.

5.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes including Regular Army RE codes.  The RE code of 3 applies to persons separated from their last period of service with a waivable disqualification.  That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.

6.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of MCF applies to Soldiers separated to attend civilian school.

7.  The SPD/RE Code Cross Reference Table states that when the SPD code is MCF, the RE code of 3 will be assigned.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was separated to attend school.  Therefore, he was assigned an RE code of 3 which is consistent with the reason for separation.  He has failed to show his assigned RE code is in error or unjust.


2.  There is no apparent basis for removal or waiver of the applicant's disqualification that established the basis for the assigned RE code of 3.  His desire to be able to enter the Army in the future without a waiver was considered; however, there are no provisions authorizing the change of an RE code for this purpose.

3.  In view of the foregoing, there is no basis for granting his request.

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)                                         AR20100017350



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ABCMR Record of Proceedings (cont)                                         AR20100017350



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