IN THE CASE OF:
BOARD DATE: 22 March 2012
DOCKET NUMBER: AR20110017096
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 that his reenlistment eligibility (RE) code of "3" be upgraded to a "1."
2. The applicant states he was not told that accepting an early release to attend school would result in him receiving an unfavorable RE code. He has completed college and would like to become an officer but he cannot because of his RE code.
3. The applicant provides no supporting documentation.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 22 March 2000, the applicant enlisted in the Regular Army (RA). He completed the training requirements and he was awarded military occupational specialty 63J (Quartermaster and Chemical Equipment Repairman).
3. On 24 October 2002, he submitted a request for early separation to attend college under Army Regulation 635-200, paragraph 5-16. The request shows the applicant had been accepted as a full time student at Sam Houston University with a start date of 15 January 2003.
4. The applicant's chain of command approved the request and the discharge authority approved the early release.
5. On 10 February 2006, he applicant was honorably released from active duty under Army Regulation 635-200, paragraph 5-16 with a separation program designator (SPD) of KCF (Early Release to Attend School) and an RE code of 3. The applicant was transferred to the U.S. Army Reserve (USAR) and subsequently enlisted in the Army National Guard.
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 that the SPD code of KCF is the appropriate code to assign to Soldiers receiving an early separation to attend school.
7. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment/reenlistment and processing of persons into the RA, USAR, and the Army National Guard. It provides the following:
a. 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;
b. 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
c. the SPD/RE Code Cross-Reference Table indicates an SPD of KCF carries an RE code of 3.
DISCUSSION AND CONCLUSIONS:
1. The applicant requested an early release to attend college. A separation under this provision of the regulation carries an SPD code of KCF which mandates an RE code of 3. Therefore, both the applicant's SPD and RE codes are correct based on his narrative reason for separation (attend school).
2. The available evidence does not show the applicant has been denied a commission as a result of his RE code. He is advised that if he desires to reenter military service he should contact a local recruiter who can best advise him on his eligibility for returning to military service. Those individuals can best advise him as to the needs of the military and they are responsible for processing waivers.
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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