IN THE CASE OF:	  

		BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100008651 


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 her reentry eligibility (RE) code of "2" be upgraded to a "1" so she can enter the U.S. Air Force (USAF).

2.  The applicant states that her RE code of "2" may prevent her from being accepted into the USAF by their Nurse Review Board.  She states she was an outstanding Soldier when she served on active duty and pursued an early release from active duty to attend college.  Since her separation, she has graduated from college with two degrees.  The first in the field of education and her second degree is in nursing.  With an upgrade of her RE code to "1" by the Army, she states she will face fewer obstacles in the USAF selection process.

3.  The applicant provides the following documents in support of her application:

	a.  a completed and signed DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 22 August 1989:

	b.  an Oklahoma Board of Nursing certificate, dated 17 September 2007;

	c.  an Oklahoma Driver's License; and

	d.  a letter to the USAF nurse recruiter, dated 26 January 2010.



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 personnel records are not available for the Board's review.  Her personnel service record maintained at the National Archive and Records Administration contains her service records from a period of enlistment in the Army National Guard.  However, a few select active duty enlistment documents are available to include the applicant providing a copy of her DD Form 214.  Therefore, there are sufficient documents remaining in a reconstructed record to conduct a fair and impartial review in this case. 

3.  The applicant enlisted in the Regular Army on 30 July 1985.  She completed her initial entry training and was awarded military occupational specialty 93P (Aviation Operations Specialist).  The highest rank she attained was specialist/pay grade E-4.

4.  The applicant's separation packet is not available for the Board's review.  However, Orders Number 154-33 issued on 9 August 1989 by Fort Riley, KS, directed her release from active duty by 22 August 1989.  

5.  The applicant was honorably released from active duty under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 5, section II, on 22 August 1989.  She immediately transferred to Headquarters and Headquarters Company, 45th Infantry Brigade, Oklahoma Army National Guard (OKARNG).  The DD Form 214 she was issued confirms she served 4 years and 23 days of active duty.  Additionally, this form shows in:

* item 23 (Type of Separation) "Relief from active duty"
* item 25 (Separation Authority) Army Regulation 635-200, chapter 5, section II
* item 26 (Separation Code) "MFF" 
* item 27 (Reentry Code) "RE-2"
* item 28 (Narrative Reason for Separation) "Directed by the Secretary of the Army" 

6.  References:  

	a.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted Soldiers.  Section II, paragraph 5-3 states that the separation of enlisted Soldiers for the convenience of the government is the prerogative of the Secretary of the Army (SA) and will be effected only by the SA authority.  Except as delegated by these regulations or by special Department of the Army directives, the discharge or release of any enlisted member of the Army for the convenience of the Government will be at the Secretary’s discretion and with the type of discharge as determined by the SA.  Such authority may be given either in an individual case or by an order applicable to all cases specified in such order.

	b.  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.

	c.  Army Regulation 601-210 (RA and Army Reserve Enlistment Program), provides eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  These RE codes are used for administrative purposes and are not to be considered derogatory in nature.  Simply, the RE codes are used for identification of an enlistment separation processing procedure.  Table 3-1 includes a list of the RA RE codes, in pertinent part:

		(1)  RE "1" applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

		(2)  RE "2" applies to Soldier separated before completing a contractual period of service and whose reenlistment is not contemplated.  Soldiers who receive this RE code upon separation are fully qualified for enlistment. 

		(3)  RE "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waiverable.  They are ineligible unless a waiver is granted.

	d.  Army Regulation 635-5-1 (Separation Program Designator [SPD] Codes) SPD codes are used to provide statistical accounting of the reasons for which active Army personnel are separated from active duty.  SPD codes are not intended to stigmatize an individual in any manner.  The reasons for separating Soldiers from active duty and their corresponding SPD codes will be entered on the Soldiers' DD Forms 214.  In pertinent part, the SPD code of "MFF" identifies Soldiers who are released from active duty under the provisions of Army Regulation 635-200, chapter 5, section II and by directive of the Secretary of the Army.  

	e.  Army Regulation 635-5 (Separation Documents) dictates that the entry code listed on Tables 2-2 or 2-3 of Army Regulation 635-5-1 (Separation Program Designator [SPD] Codes) shows that the appropriate RE code for the SPD code of "MFF" is RE-2 or RE-3. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her RE code should be upgraded to a "1" so she can enter the USAF.  

2.  The evidence of record confirms that the applicant’s RE code was determined based on the fact that she was separated under the provisions of chapter 5, section II of Army Regulation 635-200 under the direction of the Secretary of the Army.  Therefore, the appropriate SPD code is "MFF," and its associated
RE code is either RE 2 or RE 3.  The separation authority determined that RE 2 was the applicable RE code after reviewing the applicant's record.  An RE 2 code does provide for the enlistment or reenlistment of these prior service Soldiers because RE 2 means a Soldier is fully qualified for enlistment upon their separation from active duty. 

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  

4.  In view of the above, there is no basis for granting the applicant's 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)                                         AR20100008651





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)