BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20120008187
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 amendment of his reentry eligibility (RE) code of 3 to an RE code of 1.
2. The applicant states he was not aware until after the fact that his RE code would be changed for leaving less than 60 days early. He does not feel this RE code is fair for those only wishing to improve themselves and their ability to serve their country. He would have never asked for the waiver if he had been counseled on the effects of doing so as his sole purpose was self-improvement.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 12 August 2011
* his separation packet
CONSIDERATION OF EVIDENCE:
1. He enlisted in the Regular Army on 19 September 2006 for a period of 5 years.
2. On 21 June 2011, he requested voluntary separation to further his education. He had been accepted into the Master of Business Administration degree program at the Graduate School at Valparaiso University in Tumwater, WA.
3. On 21 June 2011, he was approved for separation from active duty prior to the expiration of his term of service (ETS) under the provisions of paragraph 5-16 (Early Separation to Further Education) of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations). His service was to be characterized as honorable.
4. On 12 August 2011, he was released from active duty. He completed 4 years, 10 months, and 24 days of active service that was characterized as honorable. He was assigned a separation program designator (SPD) code of "MCF" and an RE code of 3.
5. Paragraph 5-16 of Army Regulation 635-200 states Soldiers may be discharged or released from active duty for the convenience of the government up to 90 days before their ETS in order to attend a specific term at college, university, vocational school, or technical school.
6. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPDs to be used for these stated reasons. Table 2-3 (SPD Codes Applicable to Enlisted Personnel) shows the SPD code of "MCF" as shown on the applicant's DD Form 214 specified the narrative reason for discharge as "attend civilian school."
7. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 provides a list of RE codes.
a. An RE-1 applies to individuals completing their enlistment who are considered qualified to reenter the U.S. Army.
b. An RE-3 applies to individuals who are not considered fully qualified for reentry or continuous at the time of separation, but the disqualification is waivable. These individuals are ineligible for enlistment unless a waiver is granted.
8. The SPD/RE Code Cross-Reference Table, dated March 2006, shows the appropriate RE code for the SPD code of "MCF" is RE-3.
DISCUSSION AND CONCLUSIONS:
1. He was released from active duty early in order to attend civilian school. The assigned SPD of "MCF" is correct. According to the SPD/RE Code Cross-Reference Table, the appropriate RE code for the SPD code of "MCF" is an RE code of 3. Therefore, the RE code he was assigned is correct.
2. There is an insufficient basis to change a properly-assigned RE code.
3. The applicant is advised that although his RE code was properly assigned, this does not mean he is totally disqualified from returning to the military. The disqualification upon which the RE code of 3 was based may be waived for enlistment purposes. The applicant is advised that if he desires to enlist, he should contact a local recruiter who can best advise him on his eligibility for returning to military service. These individuals can best advise a former service member of the needs of the military at the time and may process enlistment waivers for the applicant's RE code.
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 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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