IN THE CASE OF:	  

		BOARD DATE:	  27 July 2011

		DOCKET NUMBER:  AR20110001555 


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 the authority and reason for discharge and reentry (RE) code listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed.  

2.  The applicant states the authority and reason for his discharge should be changed based on the 2010 version of the governing regulation, and that his 
RE code should be an RE-1 code.  

3.  The applicant provides his DD Form 214, early release request, and college transcripts in support of his application.  

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 record shows he enlisted in the Regular Army on 24 January 1996, and he was awarded military occupational specialty 92G (Cook).  He was promoted to specialist/E-4 on 1 March 1998, and this is the highest rank he attained while serving on active duty.  

3.  On 9 January 1999, the applicant was honorably released from active duty after completing 2 years, 11 months, and 16 days of active military service.  Item 25 (Separation Authority) lists the authority for his separation as “paragraph 5-17, Army Regulation 635-200” and Item 26 (Narrative Reason for Separation) lists the reason for his separation as “Attend School.”  Based on the reason for his separation he was assigned the Separation Program Designator (SPD) code of MCF in item 28 (Separation Code) and the RE code 3 in item 27 (Reentry Code).  

4.  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 U.S. Army Reserve (USAR).  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes, including RA RE codes.  RE-3 applies to persons who have a waivable disqualification.  Chapter 4 states recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria and are responsible for processing waivers.  

5.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Both the version of the regulation in effect at the time and the current version of the regulation provide the authority to separate members early to further their education (attend school) as paragraph 5-16.  

6.  Army Regulation 635-5-1 (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 the SPD code of MCF is the appropriate code to assign to Soldiers separated under the provisions of paragraph 5-16, Army Regulation 635-200 by reason of early separation to further education (attend school).  The Department of the Army SPD SPD/RE Code Cross Reference Table in effect at the time and the current version  stipulate that an RE code of 3 is the proper code to assign members who are separated early to attend school under the provisions of Army Regulation 
635-200 and who are assigned an SPD code of MCF. 



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to change the authority and reason for his separation action and his assigned RE code has been carefully considered and was found to have partial merit.  

2.  Army Regulation 635-200, the governing regulation for enlisted administrative separations provides the authority to separate members early to further their education (attend school) in both the version in effect at the time of the applicant’s separation and in the current version is "Army Regulation 635-200, Paragraph 5-16."  As a result, it is clear that item 25 of his DD Form 214 contains an administrative error.  Therefore, it would be appropriate to correct item 25 of his DD Form 214 by deleting "Army Regulation 635-200, Paragraph 5-17" and adding "Army Regulation 635-200, Paragraph of 5-16."

3.  However, the evidence of record further shows the narrative reason for separation and the assigned SPD and RE codes are correct based on his early release to attend school.  As a result, there is an insufficient evidentiary basis to support granting this potion of the requested relief.  The applicant is advised that his disqualification is waviable and if he wishes to reenter military service he should contact local recruiting personnel who are responsible for processing 
RE code waivers.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMNATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 25 of his DD Form 214 by deleting the current entry and adding “Army Regulation 635-200, Paragraph 5-16.”


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the narrative reason for separation and RE code.  



      _______ _   _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)                                         AR20110001555



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ABCMR Record of Proceedings (cont)                                         AR20110001555



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