IN THE CASE OF:	  

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110004726 


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 (RE) code of 3 to a 1 so he may reenter military service.

2.  The applicant states he believes his RE code to be in error because he received an honorable discharge from the Army (a 90-day drop of his 5-year enlistment to attend college).  He did not have anything negative in his records.

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 enlisted in the Regular Army (RA) for a period of 5 years on 25 June 1990 and held military occupational specialty 68L (Avionic Communication Equipment Repairer). 

3.  On 11 August 1994, he submitted a DA Form 4187 (Personnel Action) wherein he requested early separation under the provisions of chapter 5-17 of Army Regulation 635-200 (Personnel Separation) to attend school.  His request was approved.

4.  He was honorably released from active duty on 27 March 1995 under the provisions of paragraph 5-17 of Army Regulation 635-200 by reason of early release to attend school.  His DD Form 214 shows he completed 4 years, 9 months, and 3 days of creditable active military service and the following:

* Item 26 (Separation Code) the entry "MCF" 
* Item 27 (Reentry Code) the entry "3" 

5.  Army Regulation 635-200 provides the Army’s enlisted separation policy.  Paragraph 5-17, in effect at the time, provided the policy for early separation to further education.  It stated, in pertinent part, that Soldiers could be discharged or released from active duty for the convenience of the Government, up to 90 days before expiration of term of service, in order to attend a specific term at a college, university, vocational school, or technical school.  

6.  Army Regulation 601-210 (RA 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.  

* 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

7.  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 under the provisions of paragraph 5-17, Army Regulation 635-200, who were separated early to attend school.  

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 applicant contends his assigned RE code of 3 should be upgraded to a favorable code that would allow him to reenter the military.

2. The applicant’s record confirms he was separated under the provisions of paragraph 5-17, Army Regulation 635-200 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 a corresponding RE code of 3.  His assigned RE code was and remains valid.  

3.  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.  If the applicant still desires to reenter the Army, he should contact a local recruiter who can best advise a former service member as to the needs of the Army.

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)                                         AR20110004726



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ABCMR Record of Proceedings (cont)                                         AR20110004726



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