IN THE CASE OF:	  

		BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110008200 


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) by:

* adding the missing awards
* deleting the Dental Specialist Course from item 14 (Military Education) 
* changing his reentry eligibility (RE) code

2.  The applicant states that awards were omitted from his DD Form 214, he never attended the Dental Specialist Course, and the RE code is incorrect.

3.  The applicant provides a DD Form 214.

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 on 9 November 1990 and was awarded military occupational specialty 12B (Combat Engineer) upon completion of initial entry training.  

3.  There is no evidence in his Official Military Personnel File (OMPF) showing he was awarded any additional awards that are not listed on his DD Form 214.  There is also no evidence showing he completed the Dental Specialist Course.

4.  He was released from active duty on 17 September 1994.  Item 14 of his 
DD Form 214 shows the entry "DENTAL SPECIALIST, 6 WEEKS, 1990."  Item 25 (Separation Authority) shows he was separated under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-17 (Early Separation to Further Education).  Item 26 (Separation Code) shows the entry "MCF."  Item 27 (Reentry Code) shows he was assigned an RE Code of 3 and item 28 (Narrative Reason for Separation) shows he was separated to attend school.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army and states that for:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons or Authorized) list awards and decorations for all periods of service; and

	b.  item 14, list formal in-service (full-time attendance) training courses
successfully completed during the period of service covered by the DD Form 214.

6.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the Reserve.  The regulation provides that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.  Chapter 3 of this regulation prescribes basic eligibility for prior-service applicants for enlistment.  This chapter includes a list of Armed Forces RE codes, including Regular Army RE codes:

   a.  RE-1 applies to persons completing their term of active service who is considered qualified to reenter the U.S. Army;

   b.  RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable; and

   c.  RE-4 applies to persons not qualified for continued service because they were separated from the service with a non-waivable disqualification.

7.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific reasons for separating Soldiers from active duty and the separation codes to be entered on the DD Form 214.  It provides that when a Soldier's narrative reason for separation is to attend civilian school, a separation code of MCF will be entered in item 26 of the DD Form 214.

8.  The SPD/RE Code Cross Reference Table states that when the SPD code is MCF an RE code of 3 will be assigned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected by adding missing awards, deleting the Dental Specialist Course, and by changing the RE code has been carefully considered.

2.  There is no evidence showing he completed the Dental Specialist Course during the period cover by his DD Form 214.  Therefore, the Dental Specialist Course should be removed from item 14 of his DD Form 214.

3.  There is no evidence in his OMPF and he provided none showing he was awarded any additional awards that are not listed on his DD Form 214.  Therefore, there is no basis to grant this portion of his request.

4.  He was separated early in order to attend school and was assigned an SPD code of MCF in accordance with the governing regulation.  The SPD Code/RE Code Cross Reference Table states that an SPD code of MCF requires an RE code of 3.  Therefore, the RE code shown on his DD Form 214 is correct.  This portion of his request should also be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/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 deleting from item 14 of his DD Form 214 the entry "DENTAL SPECIALIST, 
6 WEEKS, 1990."

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 adding additional awards to his DD Form 214 and changing his 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)                                         AR20110008200



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ABCMR Record of Proceedings (cont)                                         AR20110008200



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