IN THE CASE OF:
BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130004930
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to be corrected to show a reenlistment eligibility (RE) code of "1."
2. The applicant states his Reenlistment Eligibility Data Display (REDD) Report shows he would receive an RE code of 1.
3. The applicant provides copies of his DD Form 214 and the REDD Report.
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's enlistment contract shows he enlisted in Regular Army (RA) with a 3 year and 22-week service obligation. He served in the RA from 7 July 2006 through 30 October 2009 and he was released from active duty to attend school.
3. The REDD Report is an individual Department of Defense reenlistment data sheet. The applicant's REDD Report shows a separation program designator (SPD) code of MBK and an RE code of 1.
4. The applicant's DD Form 214 shows:
* He completed 3 years, 3 months, and 24 days of creditable active service
* Army Regulation 635-200, paragraph 5-16, as the separation authority
* An SPD code of MCF
* an RE code of 3
* he was released from active duty to "Attend Civilian School"
* "Member has not completed first full term of service"
5. Army Regulation 601-280 (Army Retention Program) states that the RE codes contained on military discharge documents determine whether or not one may reenlist in military service at a later time. In general, those who receive an Army RE code of 1 may immediately reenlist in the Army or another service with no problem. Individuals with an RE code of 3 can normally reenlist but will probably require a waiver to be processed.
6. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities, reasons for separating Soldiers from active duty, and SPD codes to be entered on DD Form 214. SPD codes are three-character alphabetic combinations that identify reasons for and types of separation from active duty. It provides the following SPD codes, with their narrative reason, regulatory authority, and associated RE codes:
* MBK - Completion of Required Active Service Army Regulation 635-200, chapter 4 - RE code 1 or RE code 3
* MCF - To attend an educational facility - Army Regulation 635-200, paragraph 5-16 RE code 3
7. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations),
paragraph 5-16 states Soldiers may be released from active duty for the convenience of the Government, up to 90 days before their normal separation date, in order to attend a specific term at college, university, vocational school, or technical school.
DISCUSSION AND CONCLUSIONS:
1. The RE code assigned a Soldier at the time of separation is directly linked to the reason and authority for separation and the SPD code is assigned for that type of separation.
2. Army Regulation 635-200, chapter 4, states a Soldier released from active duty to attend school will not be eligible to re-enter the RA unless a waiver is granted. The RE code associated with waiverable preclusion to reenlistment is an RE 3.
3. In this case, the applicant was released from active duty approximately
3 months prior to his ETS date under the provisions of paragraph 5-16, Army Regulation 635-200, to attend school. An early release from active duty under this provision of the regulation requires that an individual will be assigned an SPD code of MCF and an RE code of 3, as reflected on his DD Form 214.
4. The reason for the RE code of 3 is that an individual would not be eligible for immediate reenlistment due to school attendance. Had the applicant served until his ETS date he would not have received the SPD and RE codes that he received.
5. The REDD Report is a working document and subject to change based on changes in a Soldier's status and situation. In this case it is wrong. It does not show the applicant was being released from active duty prior to his ETS date to attend civilian school.
6. Based on the above facts and findings the DD Form 214 correctly shows the applicant's SPD code as MCF and his RE code as "3."
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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