| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Elzey J. Arledge, Jr. | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: In effect, that his reentry (RE) code of RE-3 be changed to more favorable RE code.
APPLICANT STATES: In effect, that prior to his separation from the Army, he was not informed the RE-3 code would be issued. He states that a change in the assigned RE code would allow him to enlist in the Air Force. In support of application, he submits a copy of his separation document (DD Form 214).
EVIDENCE OF RECORD: The applicant's military records show:
On 16 October 1997, the applicant entered active duty in the Regular Army. He completed training and was awarded military occupational specialty (MOS)
92A (Automated Logistical Specialist).
The applicant’s record confirms that the highest rank he attained while serving on active duty was sergeant/E-5 (SGT/E-5) and that he earned the following awards during his active duty tenure: Army Good Conduct Medal; Noncommissioned Officer’s Professional Development Ribbon: Overseas Service Ribbon; Army Service Ribbon; Expert Marksmanship Qualification Badge with Grenade Bar; Sharpshooter Marksmanship Qualification Badge with Rifle Bar; Parachutist Badge; and Air Assault Badge.
The applicant’s record contains a properly constituted separation document
(DD Form 214) that was authenticated by the applicant with his signature on the date of his separation. This document confirms that the applicant was honorably released from active duty on 28 August 2001, after completing a total of 3 years, 10 months, and 13 days of active military service. It also verifies that the authority for his discharge was paragraph 5-16, Army Regulation 635-200, and that the narrative reason for separation was to attend school. The DD Form 214 also shows that, based on the authority and reason for his separation, the applicant was assigned a Separation Program Designator (SPD) code of
MCF and a RE code of RE-3.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-16 contains the policy and procedure for the separation of personnel for early separation to further their education. It states, in pertinent part, that soldiers may be discharged or released from active duty for the convenience of the government, up to 90 days before their expiration term of service, in order to attend a specific term at college, university, vocational school, or technical school.
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 was the appropriate code for the applicant based on the guidance provided in this regulation for soldiers separating under the provisions of Army Regulation
635-200, paragraph 5-16, by reason of early separation to attend school. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), establishes RE-3 as the proper reentry code to assign to soldiers separated for this reason.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and it is concluded:
1. The Board notes the applicant’s contentions that prior to his separation he was not informed that he would be assigned a RE-3 code and that his RE-3 code should be changed to allow him to enlist in the Air Force. However, the Board finds insufficient evidence to support these claims.
2. The evidence of record confirms that the applicant voluntarily requested separation from the Army to attend school and was assigned a RE-3 code in accordance with applicable regulations. In addition, he authenticated the
DD Form 214 issued to him on the date of his separation that contained the RE-3 code and there is no indication that he raised an objection at the time. Lacking evidence to the contrary, the Board finds that the applicant’s separation, to include the RE code assignment, was accomplished in accordance with applicable regulations.
3. The Board finds that the RE-3 code assigned the applicant was appropriate based on the authority and reason for his discharge and the basis for this
RE code assignment has not changed. However, while there is no basis for removal of the RE code from his record, the disqualification upon which the code was based can be waived for reenlistment purposes. If the applicant still desires to enlist in the Air Force, he may wish to contact Air Force recruiting personnel, advise them of the basis for the RE-3 code assignment, and request that they process a waiver for his enlistment in their service if he is otherwise qualified.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__MKP__ __EJA__ __RTD___ DENY APPLICATION
| CASE ID | AR2002068272 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/04/11 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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