IN THE CASE OF:
BOARD DATE: 20 September 2012
DOCKET NUMBER: AR20120004928
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.
2. The applicant states:
* He was not dishonorably discharged
* His RE code was given for attending school and should not hinder him from reentry
3. The applicant provides:
* DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)
* 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 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. The applicant enlisted in the Regular Army on 20 September 1999 for a period of 3 years. He trained as an infantryman and served in Bosnia from
15 September 2001 to 22 March 2002. On 25 August 2002, he was honorably released from active duty under the provisions of Army Regulation 635-200, paragraph 5-16, to attend school.
3. His DD Form 214 shows in:
* Item 25 (Separation Authority) the entry "AR [Army Regulation] 635-200, PARA [paragraph] 5-16"
* Item 26 (Separation Code) the entry "MCF"
* Item 27 (Reentry Code) the entry "3"
* Item 28 (Narrative Reason for Separation) the entry "TO ATTEND SCHOOL"
4. Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. Chapter 5 provides for separation for the convenience of the government. Paragraph 5-16 provides for early separation to further education. A Soldier separated for the convenience of the government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status.
5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD's to be used for these stated reasons. The regulation states the reason for separation based on SPD code "MCF" is "To attend school" and the regulatory authority is Army Regulation 635-200, paragraph 5-16.
6. Pertinent Army regulations provide 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. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior-service applicants for enlistment. That chapter includes a list of Armed Forces RE codes:
* RE-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
* RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated
7. The SPD/RE Code Cross Reference Table, dated March 2001, shows that Soldiers assigned an SPD of MCF will be assigned an RE code of "3."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record supports the applicant's contention he was not dishonorably discharged. Evidence shows he was honorably released from active duty on 25 August 2002.
2. The evidence of record also confirms his RE code was assigned based on his discharge under the provisions of Army Regulation 635-200, paragraph 5-16. The RE code associated with this type of discharge is an RE code of "3." Therefore, the applicant was appropriately assigned the RE code associated with his discharge.
3. His RE code was administratively correct and in conformance with applicable regulations at the time. Therefore, there is no basis for granting the applicant's requested relief.
4. His current RE code is a waivable code. Therefore, the applicant may still apply for service in the Armed Forces by requesting the appropriate waiver.
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) AR20120004928
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