RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 June 2007
DOCKET NUMBER: AR20060017668
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael F. Fowler
Analyst
The following members, a quorum, were present:
Mr. James E. Anderholm
Chairperson
Mr. Jerome L. Pionk
Member
Ms. Jeanette B. McPherson
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 reentry (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 21 October 2004 be changed.
2. The applicant states, in effect, that there is nothing in his military records or his DD Form 214 to justify RE code "3." After speaking with several service members and his former company commander, they concurred and suggested that he have this error corrected.
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant was deployed in support of Operation Iraqi Freedom.
2. The applicant enlisted in the Regular Army on 3 January 2002 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 11B (Infantryman), and the highest rank he attained while serving on active duty was Corporal (CPL)/E-4.
3. The applicant was honorably released from active duty on 21 October 2004. He had completed a total of 2 years, 9 months, and 19 days of creditable active service. His DD Form 214 shows he was released from active duty, under the provisions of paragraph 5-16, Army Regulation 635-200, by reason of "ATTEND SCHOOL" and that he was assigned a Separation Program Designator (SPD) code of MCF and an RE code of 3.
4. 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 paragraph 5-16, Army Regulation 635-200, by reason of early separation to further education. Additionally, the SPD/RE Code Cross Reference Table establishes RE-3 as the proper reentry code to assign to Soldiers separated for this reason.
5. RE code 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.
6. Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria. They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was released from active duty under the provisions of paragraph 5-16 of Army Regulation 635-200 to attend school and was given a separation code of "MCF" (Attend School) and assigned a RE code of 3 in accordance with the governing regulation.
2. There is no evidence of record which shows the assigned RE code was in error or unjust. The applicant's DD Form 214 is correct as currently constituted and there is an insufficient basis for amending it.
3. If the applicantÂ’s concern is that he cannot reenlist, this does not mean he has been completely denied the opportunity to reenlist. Since he is eligible to apply for a waiver, he has the option of visiting his local recruiting station and consulting with recruiting personnel who are required to process waiver request. The applicant should understand that other services may have different enlistment requirements.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JEA___ __JLP__ __JBM___ 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.
___James E. Anderholm__
CHAIRPERSON
INDEX
CASE ID
AR20060017668
SUFFIX
RECON
DATE BOARDED
26 JUNE 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES 1.
100.0300.0000
2.
3.
4.
5.
6.
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