IN THE CASE OF:
BOARD DATE: 1 April 2010
DOCKET NUMBER: AR20090017241
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 his reentry (RE) code be changed from 3 to 1.
2. The applicant states he never had an Article 15 or Uniform Code of Military Justice (UCMJ) action taken against him, and he was released from active duty (REFRAD) to attend college. He is trying to enter the U.S. Air Force (USAF) in a shortage job.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) to support his request.
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 applicants 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 applicants 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 record shows he enlisted in the Regular Army and entered active duty on 13 June 2001, and was trained in and awarded military occupational specialty (MOS) 42L (Administrative Specialist).
3. The record documents no disciplinary actions. It does show the applicant served in Iraq from 30 April to 22 December 2004, and he earned the following awards:
* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
4. On 15 April 2005, the applicant was honorably REFRAD, in the rank of specialist/E-4, after completing 3 years, 10 months, and 3 days of active military service. The DD Form 214 he was issued lists the authority for his separation as "Paragraph 5-16, Army Regulation 635-200," and the narrative reason for his separation as "Attend School." It also shows he was assigned a Separation Program Designator (SPD) code of KCF and an RE code of 3 based on the authority and reason for discharge.
5. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve. Chapter 3 prescribes basic eligibility for prior service applicants for enlistment and 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.
6. 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. It confirms SPD code KCF is the proper code to assign Soldiers separated under the provisions of paragraph
5-16, Army Regulation 635-200, to attend civilian school. The SPD/RE Code Cross Reference Table provides for assigning an RE code of 3 to a Soldier assigned a SPD code of KCF based on the authority and reason for separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to change his RE code from 3 to 1 has been carefully considered. However, the regulation requires assignment of an RE code of 3 to members who are separated with an SPD code of KCF. Therefore, absent evidence of an error or injustice related to the assigned SPD and RE codes, the evidence does not support granting the requested relief.
2. The evidence of record confirms the applicant was separated under the provisions of paragraph 5-16, Army Regulation 635-200, in order to attend civilian school and that he was properly assigned a SPD code of KCF and an RE code of 3 based on this authority and reason for separation in accordance with the applicable regulation.
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 this 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.
ABCMR Record of Proceedings (cont) AR20090017241
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ABCMR Record of Proceedings (cont) AR20090017241
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