IN THE CASE OF:
BOARD DATE: 9 June 2011
DOCKET NUMBER: AR20100025764
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 reentry eligibility (RE) code of 3 to a more favorable RE code so he may enlist in the U.S. Coast Guard (USCG).
2. The applicant states he had an excellent service record, but he received an RE-3 code which prevents him from joining the USCG.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 records show he enlisted in the Regular Army (RA) for a period of 4 years on 20 March 2001 and held military occupational specialty 14T (Patriot Missile Crewmember).
3. The facts and circumstances surrounding the applicant's discharge are not available for review with this case. However, his records contain a DD Form 214 that shows he was honorably released from active duty on 1 January 2005 under the provisions of paragraph 5-16 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) to "attend school." This form also shows he completed 3 years, 9 months, and 12 days of creditable active military service.
* Item 26 (Separation Code) shows the entry "MCF"
* Item 27 (Reentry Code) shows the entry "3"
4. Army Regulation 635-200 provides the Army's enlisted administrative separation policy. Paragraph 5-16 provides the policy for early separation to further education. It states Soldiers could 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.
5. Army Regulation 601-210 (RA and U.S. Army Reserve (USAR) Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and USAR. An 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. An 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.
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.
The regulation in effect at the time identified the SPD code of "MCF" as the appropriate code to assign RA Soldiers separated early to attend school under the provisions of paragraph 5-16, Army Regulation 635-200.
7. 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 Code 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."
DISCUSSION AND CONCLUSIONS:
1. The applicant's record confirms he was separated under the provisions of paragraph 5-16, Army Regulation 635-200, to attend school. He was appropriately assigned an SPD code of MCF in accordance with the applicable regulation based on this authority and reason for separation. He was assigned a corresponding RE code of 3. His assigned RE code was and remains valid.
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 reenlistment. An RE code of 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. He should contact a local recruiter who can best advise a former service member as to the needs of the service at the time and is required to process a waiver of his RE code (although it is acknowledged that the USCG may have different policies concerning a requirement to process a request for waiver).
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 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) AR20100025764
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ABCMR Record of Proceedings (cont) AR20100025764
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