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ARMY | BCMR | CY2004 | 20040007209C070208
Original file (20040007209C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            14 June 2005
      DOCKET NUMBER:   AR20040007209


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Hubert O. Fry                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |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, in effect, that his reentry (RE) code of RE-3
be changed to RE-1.

2.  The applicant states, in effect, that he was separated early to attend
school and believes the RE-3 code he received was in error.  He requests
his RE code be changed in order to allow him to reenlist in the Regular
Army (RA) and reenter active duty.

3.  The applicant provides a Personnel Action Form (DA Form 4187) in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he enlisted in the RA and entered
active duty on 7 July 1998.  He was trained in, awarded and served in
military occupational specialty (MOS) 63S (Heavy Vehicle Mechanic) and the
highest rank he attained and held while serving on active duty was sergeant
(SGT).

2.  The applicant provides a DA Form 4187, dated 17 April 2002, which shows
he requested a 90 day early separation to attend school.  On 3 July 2002,
he was honorably released from active duty (REFRAD) and transferred to the
United States Army Reserve (USAR) Control Group to complete his military
service obligation.

3.  The separation document (DD Form 214) the applicant was issued upon his
REFRAD shows that he completed a total of 3 years, 11 days and 27 days of
active military service.  This document further confirms that the applicant
was separated under the provisions of paragraph 5-17, Army Regulation 635-
200 and that the reason for his separation was to attend school.  It
further shows that based on this authority and reason for separation, he
was assigned a Separation Program Designator (SPD) code of MCF and an RE
code of RE-3.  The applicant authenticated this document with his signature
on the date of his separation.

4.  Army Regulation 635-200 provides the Army’s enlisted separation policy.
 Paragraph 5-17, in effect at the time, provided the policy for early
separation to further education.  It stated, in pertinent part, that
Soldiers could be discharged or REFRAD 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 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 regulation
in effect at the time identified the SPD code of MCF as the appropriate
code to assign RA Soldiers separated under the provisions of paragraph 5-
17, Army Regulation 635-200, who were separated early to attend school.
The SPD/RE Code Cross Reference Table in effect at the time also
established RE-3 as the proper
RE code to assign Soldiers separated with an SPD code of MCF.  Current
regulations still provide for the assignment of an RE-3 code to Soldiers
separated early to attend school.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his receiving an RE-3 code was in error
was carefully considered.  However, by regulation, Soldiers who are
separated early to attend school are assigned an RE-3 code.

2. The applicant’s record confirms he was separated under the provisions of
paragraph 5-17, Army Regulation 635-200, in order to attend school.  It
further shows that based on this authority and reason for his separation,
he was appropriately assigned a SPD code of MCF and in accordance with the
applicable regulation, he was assigned a corresponding RE code of RE-3.  As
a result, the RE-3 code assigned was and remains valid.

3.  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.

4.  The applicant is advised that although no change is being recommended
to his RE code, this does not mean that he is disqualified from
reenlistment.  The RE-3 code he was assigned applies to persons who are not
considered fully qualified for reentry or continuous service at the time of
separation, but the disqualification is waivable.  If the applicant still
desires to reenlist in the RA, he should contact a local recruiter to
determine his eligibility.  Those individuals can best advise a former
service member as to the needs of the Army at the time, and are required to
process waivers of RE codes.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JNS _  ___HOF _  ___LDS_  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.




            ____John N. Slone _____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040007209                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2002/07/07                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Attend School                           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|                      2.|100.0300                                |
|4                       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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