IN THE CASE OF:	  

		BOARD DATE:	    21 October 2010

		DOCKET NUMBER:  AR20100010151 


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 a change of his reentry eligibility (RE) code from 3 to 1.

2.  He states, in effect, he was informed at the time of his release from active duty that an RE code of 3 was standard for his type of separation.  He contends that in accordance with the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-3, the RE code for his discharge is supposed to reflect his character of service.  He opines his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not reflect the true character of his service to his country and notes that he was:

* discharged honorably
* awarded several decorations
* promoted through the ranks to sergeant (SGT)/E-5
* never disciplined for an adverse action during his entire period of service

3.  He provides a copy of his DD Form 214.

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 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.  His record shows he enlisted in the Regular Army (RA) on 16 July 1997.  Upon completion of initial entry training, he was awarded military occupational specialty 92A (Automated Logistical Specialist).  The highest rank/grade he attained while serving on active duty was SGT/E-5.

3.  His DD Form 214 shows that on 8 August 2002, he was released from active duty (REFRAD) after completing 5 years, 5 months, and 18 days of total active service.  He was transferred to U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  This form also contains the following pertinent information:

* Block 24 (Character of Service) shows his service was characterized as honorable
* Block 25 (Separation Authority) shows he was REFRAD under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-16
* Block 26 (Separation Code) shows his Separation Program Designator (SPD) code as MCF
* Block 27 (RE Code) shows he was assigned an RE code of 3
* Block 28 (Narrative Reason for Separation) shows his reason for separation was to "Attend School"

4.  Army Regulation 635-200, paragraph 5-16, in effect at the time, provided that Soldiers could be discharged or REFRAD for the convenience of the Government up to 90 days before the expiration of their term of service in order to attend a specific term at college, university, vocational school, or technical school.  Paragraph 5-1 of this regulation stipulated that a Soldier separated under this provision of the regulation would be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status.  Paragraph 5-3 of this regulation required commanders forwarding endorsements on individual cases to include recommendations concerning, among other things, both the characterization or description of service and the RE code to be assigned.

5.  Army Regulation 635-5-1 (SPD Codes), in effect at the time, provided 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 stated, in pertinent part, that the SPD code of MCF was the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-16, in order to "Attend Civilian School."

6.  The SPD/RE Code Cross Reference Table indicates that an RE code of 3 was the proper code to assign members separated with an SPD code of MCF at the time of the applicant's discharge.

7.  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 United States Army Reserve.  Chapter 3 of that regulation prescribes the basic eligibility for prior service applicants for enlistment.  This chapter includes a list of armed forces RE codes, including RA RE codes:

	a.  RE code 1 applies to persons who are considered fully qualified for reentry or continuous service at the time of separation.

	b.  RE code 3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his RE code should be changed was carefully considered and determined to lack merit.

2.  Block 24 of his DD Form 214 clearly shows his service was characterized as honorable.

3.  Evidence shows he was appropriately assigned an RE code of 3 based on his narrative reason for separation and his SPD code.  Therefore, there is no basis for granting the applicant's requested relief.  Additionally, he is advised that an RE code of 3 does not indicate he had any adverse actions during his period of service.

4.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  He and all Americans should be justifiably proud of his service in arms.  


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)                                         AR20100010151



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ABCMR Record of Proceedings (cont)                                         AR20100010151



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