IN THE CASE OF:
BOARD DATE: 15 July 2010
DOCKET NUMBER: AR20100000103
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 that his reentry eligibility (RE) code of 3 be changed to an RE code of 1.
2. The applicant states he wants his RE code changed so that he may be eligible to reenter the military.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 19 January 2003.
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 military personnel records show he enlisted in the Regular Army (RA) on 3 February 2000 for a period of 3 years. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 19D (Cavalry Scout).
3. On 19 January 2003, the applicant was released from active duty. He had completed 2 years, 11 months, and 17 days of active service that was characterized as honorable. He was assigned a separation program designator (SPD) code of "MCF" and an RE code of RE-3.
4. Army Regulation 635-5-1 (SPD Codes), in effect at the time, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD's to be used for these stated reasons. Table C-1 (SPD codes applicable to enlisted personnel) showed that the SPD code of MCF as shown on the applicants DD Form 214 specified the narrative reason for discharge as To Attend School."
5. The SPD/RE Code Cross-Reference Table, dated March 2001, shows that the appropriate RE code for the SPD code of "MCF" is RE-3.
6. Army Regulation 601-210 (RA and Army Reserve Enlistment Program), then in effect, covered eligibility criteria, policies, and procedures for enlistment and processing into the RA and the US Army Reserve. Paragraph 3-22 (U.S. Army Reentry Eligibility [RE Codes]) stated that an RE1 applied to persons completing their term of service who were considered qualified to reenter the Army. Paragraph 3-22 also stated that an RE-3 applies to a person who is not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his RE code of 3 should be changed to an RE code
of 1 so he may be eligible to reenter the military.
2. According to the SPD/RE Code Cross-Reference Table the appropriate
RE code for the SPD code of "MCF" is an RE code of 3. Therefore, the applicant's assigned RE code is correct.
3. In order to justify correction of a military record the applicant must show 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.
4. The applicant is advised that although his RE code was properly assigned, this does not mean he is totally disqualified from returning to the military. The disqualification upon which the RE code of 3 was based may be waived for enlistment purposes. 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. These individuals can best advise a former service member of the needs of the military at the time and may process enlistment waivers for the applicants RE code.
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) AR20100000103
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ABCMR Record of Proceedings (cont) AR20100000103
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