IN THE CASE OF:	  

		BOARD DATE:	  7 December 2010

		DOCKET NUMBER:  AR20100015900 


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

2.  The applicant states he wants his RE code changed so he can reenter the Armed Forces.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), a college diploma, and his birth registration.

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 enlisted in the Regular Army (RA) on 25 January 2001 for a period of 3 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 92Y (Unit Supply Specialist).

3.  On 26 October 2003, he was honorably released from active duty under the provisions of Army Regulation 635-200 (Personnel Separation - Enlisted Personnel), paragraph 5-16, by reason of to attend school.  The DD Form 214 he was issued shows he completed 2 years, 9 months, and 2 days of net active service this period.

4.  Item 26 (Separation Code) of this DD Form 214 shows the entry "MCF" and item 27 (RE Code) shows the entry "3."

5.  Army Regulation 635-200 provides the Army’s enlisted separation policy.  Paragraph 5-16 provides the policy for early separation to further education.  It states, in pertinent part, that Soldiers can be discharged or released from active duty for the convenience of the Government up to 90 days before their expiration of term of service in order to attend a specific term at a college, university, vocational school, or technical school.

6.  Army Regulation 635-5-1 (Separation Program Designator (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 states, in pertinent part, that the SPD code MCF is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-16, by reason of early separation to attend school.

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 (Regular Army 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.

	a.  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.

	b.  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.  Recruiters are responsible for processing an applicant's request for waiver to the proper approval authority.

8.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  The SPD/RE Cross Reference Table in effect at the time of the applicant's separation established an RE code of 3 as the proper RE code to assign Soldiers separated with an SPD code of MCF.  Current regulations still provide for the assignment of an RE code of 3 for Soldiers separated early to attend school. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was separated early under the provisions of Army Regulation 635-200, paragraph 5-16, to attend school.  It further shows that based on this authority and reason for separation he was appropriately assigned an SPD code of MCF in accordance with the applicable regulation.  He was assigned the corresponding RE code of 3.  His assigned RE code was then and remains valid now.

2.  The ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits.  The applicant is advised that although no change is being recommended to his RE code, this does not mean that he is disqualified from reentering military service.  The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and are responsible for processing RE code waivers.

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)                                         AR20100015900



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ABCMR Record of Proceedings (cont)                                         AR20100015900



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