IN THE CASE OF:
BOARD DATE: 1 March 2011
DOCKET NUMBER: AR20100020471
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a reentry code of 1 (RE-1).
2. The applicant states he left the U.S. Army about 3 months early to go to school. A reentry code of 3 (RE-3) is for service members who are not qualified to serve. He contends that at the time he chose to request a drop to attend school he was fully eligible to reenlist and had a perfect military record from both the U.S. Navy and the U.S. Army. His Good Conduct Medal and two Army Commendation Medals show the kind of Soldier he was. He believes the RE-3 was a mistake and is unjust.
3. The applicant provides copies of his DD Form 214 ending on 8 April 2009;
DD Form 214 ending on 30 September 2004; DD Form 215 (Correction to DD Form 214); Enlisted Record Brief (ERB); and Record of Proceedings, Army Board for Correction of Military Records, dated in June 2010.
CONSIDERATION OF EVIDENCE:
1. On 12 April 2006, the applicant enlisted in the Regular Army, in the rank of specialist, pay grade E-4. He completed his initial training and was awarded military occupational specialty 13F (Fire Support Specialist). He was subsequently assigned for duty at Fort Drum, New York.
2. On 1 March 2007, the applicant was promoted to sergeant, pay grade E-5.
3. The applicant completed a 14-month deployment to Iraq in 2007-2008, and has been awarded two Army Commendation Medals and the Army Good Conduct Medal.
4. There is no evidence in his available records of any misconduct or disciplinary action.
5. On 8 April 2009, the applicant was given an early release under the provisions of Army Regulation 635-200, paragraph 5-16, for the purpose of attending school. He had completed 2 years, 11 months, and 27 days of creditable active duty service during this period.
6. The applicant's DD Form 214 shows he was given a Separation Program Designator (SPD) Code of MCF and an RE-3. His service was characterized as honorable.
7. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes. RE 3 applies to persons separated from their last period of service with a waivable disqualification.
8. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214. The SPD code of MCF was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, paragraph 5-16, for early release to attend school. Additionally, the SPD/RE Code Cross Reference Table establishes RE-3 as the proper RE code to assign to Soldiers separated from active duty for this reason.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show an RE-1 because he was fully eligible to reenlist and had a perfect military record.
2. The evidence clearly shows that the applicant left the U.S. Army early for the purpose of attending school. Therefore, he was assigned an RE-3 in accordance with the governing regulations.
3. RE codes indicate basic eligibility for prior service applicants for enlistment. They do not necessarily reflect the quality of that person's prior service. In the applicant's case, his RE-3 merely reflects that he was released from active duty prior to completing his entire term of service. His SPD code further clarifies that the reason for his early separation was for the purpose of attending school.
4. There is no apparent error or injustice connected to the applicant's RE-3.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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.
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