IN THE CASE OF:
BOARD DATE: 25 February 2010
DOCKET NUMBER: AR20090016159
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, a change to her reentry eligibility (RE) code.
2. The applicant states she was released from active duty (REFRAD) to attend school and at no point in her military career was she ever in trouble.
3. The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty) and Officer Candidate School recommendation letters in support of her application.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military record shows she enlisted in the Regular Army on 13 August 1993 and was trained in and awarded military occupational specialty (MOS) 63B (Light Wheel Vehicle Mechanic).
3. The applicant's record shows that during her active duty tenure she earned the Army Achievement Medal (2nd Award), National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, and Driver and Mechanic Badge with Driver Bar.
4. On 15 May 1996, the applicant was honorably REFRAD in the rank of specialist after completing 2 years, 9 months, and 3 days of active military service. The DD Form 214 she was issued shows she was separated under the provisions of paragraph 5-17, Army Regulation 635-200 (Personnel Separations), in order to attend school. It further shows that based on this authority and reason for separation, she was assigned a separation program designator (SPD) code of MCF and an RE code of 3.
5. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior-service applicants for enlistment.
6. Chapter 3 of Army Regulation 601-280 also includes a list of Armed Forces RE codes, including RA RE codes. RE-3 applies to persons who have a waivable disqualification. Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria and are required to process waiver requests.
7. 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 version of the regulation in effect at the time stated, in pertinent part, that the SPD code MCF was the appropriate code to assign to Soldiers separated under the provisions of paragraph 5-17, Army Regulation 635-200, to attend school. The SPD/RE Code Cross Reference Table in effect at the time provided for assigning an RE-3 code to members separated under these provisions with an SPD code of MCF.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her RE code should be corrected was carefully considered. However, there is insufficient evidence to support her claim.
2. By regulation, members separated under the provisions of paragraph 5-17, Army Regulation 635-200, in order to attend school are assigned an SPD code of MCF and a corresponding RE code of 3. As a result, the RE-3 code assigned to the applicant was and remains valid based on the authority and reason for her separation.
3. Although the applicant was properly issued an RE-3 code, there are regulatory provisions that allow her to apply for a waiver to enlist/reenlist. Therefore, if she would like to reenter military service, she should consult with recruiting officials who are responsible for submitting RE code waivers. Further, the RE code is an administrative management code used for enlistment/
reenlistment purposes only.
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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ 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 the case are insufficient as a basis for correction of the records of the individual concerned.
____________X____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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