IN THE CASE OF:	  

		BOARD DATE:	  4 May 2010

		DOCKET NUMBER:  AR20090018772 


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 correction of his reentry eligibility (RE) code from an RE-3 to an RE-1 so he may reenter military service.

2.  The applicant states that he got out of active duty with an honorable discharge to go to school but he is unsure why he received an RE-3.  He would like to reenter military service but no service will take him unless his RE code is changed to an RE-1.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 records show he enlisted in the Regular Army (RA) for a period of 3 years and 20 weeks on 3 August 1993 and held military occupational specialty 19D (Cavalry Scout).  The highest rank/grade he attained during his military service was specialist (SPC)/E-4.  He was assigned to the 3rd Battalion, 73rd Armor, Fort Bragg, NC.

3.  On 12 June 1996, he requested early separation from the Army in accordance with Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 5-17, to further his education.  His request was subsequently approved and he was issued separation orders on 25 July 1996.

4.  He was honorably released from active duty on 23 September 1996.  The DD Form 214 he was issued confirms he was released from active duty with an honorable character of service and that he completed a total of 3 years, 1 month, and 21 days of creditable active military service.  Item 26 (Separation Code) of his DD Form 214 shows the entry "MCF" and Item 27 (Reentry Code) shows the entry “3.”

5.  Months prior to his release from active service, he executed a 4-year enlistment in the North Carolina Army National Guard (NCARNG).  He remained in this component until 8 April 2001 when he was honorably discharged from the ARNG and as a Reserve of the Army.

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-17 of this regulation provides, in pertinent part, that a Soldier may be released from active duty for the convenience of the Government, up to 90 days before the expiration of a term of service in order to attend a specific term at a college, university, vocational school, or technical school.  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 uncharacterized.

7.  Army Regulation 635-200 states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 (RA and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve.  Table 3-1 included a list of the RA RE Codes.

* An RE-1 applies to Soldiers completing their term of active service who
  are considered qualified to reenter the U.S. Army.  They are qualified for
  enlistment if all other criteria are met.
* An RE-3 applies to Soldiers who are not considered fully qualified for
  reentry or continuous service at time of separation, but disqualification is
  waivable.  They are ineligible unless a waiver is granted. 

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  The "MCF" SPD code is the correct code for Soldiers separating under Army Regulation 635-200, chapter 5-17.

9.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table in effect at the time of his release from active duty shows the SPD code of "MCF" has a corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE-3 code should be upgraded to an RE-1.

2.  The evidence of record confirms his RE code was assigned based on the fact that he was separated under the provisions of Army Regulation 635-200, chapter 5-17, by reason of early separation to further education.  Absent his voluntary request to be separated, there was no fundamental reason to process him for separation.  The underlying reason for his release from active duty was his voluntary request for separation.  The appropriate separation code for his separation is "MCF" and the corresponding RE code associated with this SPD code is RE-3.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to enlist, he should contact a local recruiter who can best advise him on his eligibility for returning to military service and the procedures for requesting a waiver.

4.  In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust.  He did not submit evidence that would satisfy that requirement.  Therefore, there is no basis for granting his requested relief.


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)                                         AR20090018772



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ABCMR Record of Proceedings (cont)                                         AR20090018772



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