RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 April 2007
	DOCKET NUMBER:  AR20060011460 


	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. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst


The following members, a quorum, were present:


Mr. John Infante

Chairperson

Ms. Susan A. Powers

Member

Mr. Qawiy A. Sabree

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, upgrade of the Reentry Eligibility (RE) Code that is shown on his discharge document.

2.  The applicant states, in effect, that he voluntarily submitted a request to his commander to get a 90-day early release from active duty to attend college and his request was approved by the separation authority.  He also states, in effect, that he completed the terms of his enlistment contract, was never given any punishment under the Uniform Code of Military Justice (UCMJ), and was a good Soldier.  The applicant further states, in effect, that when he out-processed at Ansbach, Germany, he was given an RE Code of RE-3, which is for individuals who are not qualified for continued Army service, but the disqualification is waivable.  The applicant adds, in effect, that if he had known the problems he was to face as a result of this action, he would have simply served out his full term of enlistment.  The applicant also offers, in effect, that he has a projected college graduation date of December 2006, after which he intends to apply for Officer Candidate School with the U.S. Coast Guard, and therefore, solicits relief from this Board to change his RE Code from RE-3 to RE-1.

3.  The applicant provides a self-authored statement with his application, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 19 June 2003; Headquarters, U.S. Army, Europe, Ansbach Transition Center (Germany), Orders 247-001, dated 4 September 2002; DA Form 4187 (Personnel Action), dated 9 August 2002, subject: Early Separation to Further Education; Headquarters, 6th Battalion, 52nd Air Defense Artillery (Germany) memorandum, dated 9 August 2002, subject: Request Early Separation to Further Education for SPC [Applicant's Name, Social Security Number], 71L1O; Headquarters, 6th Battalion, 52nd Air Defense Artillery (Germany) memorandum, dated 30 July 2002, subject: Assumption of Command; and Florida International University, Office of Admissions, Student Information Services, Academic Year 2002 - 2003, webpage documents, pertaining to the applicant, dated 2 August 2002 and 30 June 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military service records show that he enlisted in the U.S. Army Reserve (USAR) on 19 August 1999 and entered active duty in the Regular Army (RA) for a period of 4 years on 14 September 1999.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 71L (Administrative Specialist).  He was assigned to the 549th Maintenance Company in Germany and deployed to Southwest Asia in support of Operation Southern Watch from 5 October 2001 to 15 March 2002. 

2.  The applicant's military service records contain a copy of his DD Form 214. This document shows, in pertinent part, that he was honorably released from active duty (REFRAD) on 19 June 2003 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-16 (Release from Active Duty to Attend School).  Item 27 (Reentry Code) of the DD Form 214 contains the entry "3."  This document also shows at the time of his REFRAD the applicant completed 3 years, 9 months, and 6 days net active service.

3.  The applicant's Official Military Personnel File (OMPF) was available via the U.S. Army Interactive Personnel Electronic Records Management System (iPERMS) online application.  The applicant's OMPF contains a copy of a
DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 7 March 2007.  This document shows, in pertinent part, that an administrative waiver was approved by the Deputy Director of Recruiting Operations, on 31 January 2007, for the applicant to enlist in pay grade E-4 in the United States Army Officer/Warrant Officer Enlistment Program.  

4.  The applicant's OMPF contains a copy of a DD Form 4 (Enlistment/ Reenlistment Document - Armed Forces of the United States), dated 7 March 2007, that shows the applicant enlisted in the RA in pay grade E-4 for a period of 3 years on 7 March 2007.

5.  Army Regulation 635-200, in effect at the time of the applicant's REFRAD, sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-16 of the regulation governs early separation to further education and provides 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 (ETS), in order to attend a specific term at college, university, vocational school, or technical school.  The Personnel Separations regulation also provides, in pertinent part, that unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.
6.  Pertinent Army regulations, in effect at the time of the applicant's REFRAD, provide that prior to discharge or release from active duty the individual will be assigned an RE Code based on their military service records or the reason for separation.  RE Code 3 applies to a person who is not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable.

7.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service (PS), into the RA and the USAR.  Paragraph 3-20 (Verification of prior service) provides, in pertinent part, that applicants who are thought to have had, or who claim to have had PS in any U.S. Armed Force will not be enlisted in the RA or USAR until their PS, if any, is verified.  Authorized personnel with access to the Defense Management Data Center via the Recruiter Eligibility Data Display may obtain reentry eligibility data.

8.  Army Regulation 601-210 also provides that applicants who do not meet established enlistment standards are not eligible for enlistment unless a waiver is authorized.  Recruiters do not have the authority to disapprove a waiver request or to refuse to forward an applicant's request to the approval authority. Commanders cited in this regulation have the authority to approve waivers as appropriate.  The burden is on the applicant to prove to waiver authorities that he or she has overcome their disqualifications for enlistment and that their acceptance would be in the best interests of the Army.  Waiver authorities will apply the "whole person" concept when considering waiver applications.  Unless indicated otherwise in the regulation, requests for waiver and other actions that require approval by the Commanding General, U.S. Army Human Resources Command (USA HRC), Alexandria, Virginia (for the RA); Commander, USA HRC, St. Louis, Missouri (for the USAR); or Commanding General, U.S. Army Recruiting Command (USAREC), will be forwarded by the recruiter to the appropriate email address.  Every effort will be made to ensure capture of the electronic record of waiver starting at the recruiting station level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE Code should be changed because he wants to be eligible to reenlist for Officer Candidate School in the U.S Coast Guard.

2.  The evidence of record shows that the RE Code (i.e., RE-3) that the applicant received was appropriately assigned based on the authority and reason for his separation.  As a result, the assigned RE Code of RE-3 was and remains valid. Therefore, the applicant is not entitled to correction of his records.

3.  The evidence of record shows that individuals, including prior service personnel, who desire to enlist in the U.S. Armed Forces should contact a local recruiter to determine their eligibility and/or request assistance in processing a waiver through appropriate administrative channels.

4.  The evidence of record shows that subsequent to the submission of this request by the applicant, he applied for a waiver to reenter the RA.  The evidence of record also shows that this request was approved, that he has since enlisted in the RA, and is currently serving on active duty in the RA.

5.  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.






















BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JI____  ___SAP_  ___QAS _  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 Infante_______
          CHAIRPERSON

















INDEX

CASE ID
AR20060011460
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/03
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20030619
DISCHARGE AUTHORITY
AR 635-200, Paragraph 5-16
DISCHARGE REASON
Release from Active Duty to Attend School
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
100.0300.0000
2.

3.

4.

5.

6.