RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          10 AUGUST 2004
      DOCKET NUMBER:  AR2004101037


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Ms. Gail Wire                     |     |Chairperson          |
|     |Ms. Karen Heinz                   |     |Member               |
|     |Mr. Paul Smith                    |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his RE (Reentry) Code be corrected.

2.  The applicant states, in effect, that he believes that his RE-3 is
incorrect.  He notes that he was promoted to pay grade E-4 with a waiver
because he exceeded expectations during a military training course and that
he had been awarded an Army Achievement Medal.

3.  He states that the “error” was discovered during an application process
for the “Commissioning Board to the United States Army Reserve.”  He states
that he is a first lieutenant in the Army Reserve and is currently seeking
active duty opportunities and maintains that the RE code “greatly hampers
this process due to investigative processes that ensue.”

4.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 August 1988.  The application submitted in this case is
dated
13 November 2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant enlisted in
the Regular Army for a period of 2 years on 28 October 1986.  He was
trained as a medical specialist and assigned to Fort Stewart, Georgia, in
April 1987 following completion of training.  He was promoted to pay grade
E-4 in April 1988 after receiving a waiver for the time in service
requirement.  He did receive an Army Achievement Medal for meritorious
service in 1987.

4.  On 24 June 1988 the applicant submitted a request to be released from
active duty prior to his scheduled separation date in order to attend
school.  His request was approved and on 7 August 1988 he was released from
active duty with an honorable characterization of service.
5.  His separation document notes that the authority for his separation was
Chapter 5, Section II, of Army Regulation 635-200, and that the reason for
his separation “Directed by Service Secretary.”  He received an RE Code of
“3” and an SPD (Separation Code) of “MFF.”

6.  Army Regulation 635-200, then in effect, provided for the
administrative separation of enlisted Soldiers.  Chapter 5 pertained to the
separation of Soldiers for the “Convenience of the Government” and Section
II addressed separation based on Secretarial authority.  It stated that the
separation of Soldiers for the convenience of the Government is the
prerogative of the Secretary of the Army.  The separation of any Soldier of
the Army under this authority will be based on the Secretary of the Army’s
determination that separation is in the best interest of the Army.

7.  Army Regulation 635-3-1, then in effect, prescribed the SPD codes to be
used based on the authority under which an individual was released or
discharged from active duty.  It notes that SPD code “MFF” applied to
individuals separated under the provisions of Army Regulation 635-200,
Chapter 5, Section II, at the direction of the Service Secretary.  A “cross-
reference” chart, provided by officials from the separations branch at the
United States Army Human Resources Command-Alexandria, notes that RE-3 or
RE-2 was the appropriate RE code for individuals who receive an SPD code of
“MFF.”  It further noted that individuals separated for the convenience of
the Government who did not have a Department of the Army or local bar to
reenlistment, and who were not being separated because of medical,
misconduct, or other derogatory reasons, would receive and RE-2.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was voluntarily released from
active duty for the convenience of the Government in order to attend
school.  The discharge was not based on any medical, misconduct, or other
derogatory reasons and the applicant did not have a bar to reenlistment in
place at the time of his release from active duty.  As such, the applicant
should have received an RE-2 vice the RE-3.  His records should be
corrected accordingly.

BOARD VOTE:

__GW___  __  KH       ___PS __  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by replacing his RE-3 with an RE-2.




            _____  Gail Wire_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101037                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040810                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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