IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110004120
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 his reentry eligibility (RE) code be changed to an
RE-1.
2. The applicant states he believes his RE code is incorrect. At the time of his release from active duty he was told he would be able to reenlist; however, he is now being advised that the RE code of 3 bars him from enlisting.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant served on active duty in the Regular Army from 16 November 2005 through 18 August 2009.
2. He requested and received an early separation in accordance with Army Regulation 635-200, paragraph 5-16 to attend college.
3. His DD Form 214 shows:
* a separation authority of Army Regulation 635-200, paragraph 5-16;
* Separation Program Designator (SPD) of MCF;
* an RE Code of 3;
* a narrative reason for separation as to attend civilian school.
4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on DD Form 214. It indicates that a separation under the provisions of Army Regulation 635-200, paragraph 5-16, for an early release to attend civilian school carries an SPD of MCF.
5. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army (RA), U.S. Army Reserve (USAR), and the Army National Guard. It provides the following:
a. RE codes may be changed only if they are determined to be administratively incorrect. Applicants who have correct RE codes will be processed for a waiver at their request if otherwise qualified and waiver is authorized. No requirement to change RE code exists to qualify for enlistment;
b. an RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. They are fully qualified for enlistment if all other criteria are met;
c. an RE-3 applies to Soldiers who are considered not fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable; and
d. the SPD/RE Code Cross-Reference Table indicates an SPD of MCF carries an RE code of 3.
6. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he believes his RE code is incorrect. At the time of his release from active duty he was told he would be able to reenlist; however, he is now being advised that the RE code of 3 bars him from enlisting.
2. The applicant was properly given an RE 3 when he declined to continue on active duty by requesting an early separation.
3. The RE 3 does not preclude him from reenlisting but does require that a waiver be granted to warrant enlistment. A request for waiver is processed through the Recruiting Command.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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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