BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20130021456 


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, in effect, the following:

* correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Ranger Tab
* a change to his reentry eligibility (RE) code

2.  The applicant states:

   a.  He attended and graduated from Ranger school.  The course is shown in his military education.  He has the orders as well as his certificate for this award, but it is not listed with his awards on his DD Form 214.  He earned his Ranger Tab and believes that it should be shown in his record.

   b.  His RE code is "3" and he does not understand why.  He was not aware of this upon his separation from the Army.  He did not question it and he did not even know how to ask.  He was encouraged to take advantage of what was called an "early out for school" option when he was nearing his expiration of term service (ETS) date.  He had finished his last deployment and made the decision to go to college.  He went through all the steps and was released early to attend college.  This code is currently affecting his ability to get employed.  He never received his discharge orders once his Individual Ready Reserve service time was completed.  

   c.  From what he has researched, the RE-3 states that he needs a waiver to reenlist.  He does not know what waiver he would require.  When he was in the ETS process, he did not receive help from his unit as they had just deployed.  He was relying on a rear detachment crew that did not seem to help or really know the process.  He has had civilians telling him what and how to do most of it.  He now feels, after learning more, that he was at a minimum left to fend for himself at the time.  He has talked with many of the guys who were released from his unit at the same time and they have had the same issues.  They told him to apply to the Board as it had worked for their issues.

   d.  This RE code error has not affected his life until recent job applications have come back with negative results because of the RE code.  

3.  The applicant provides copies of Permanent Orders (PO) Number 121-2816, DD Form 214, and Orders D-09-116032.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army (RA) on 3 March 2004.  He served as an infantryman.  He was promoted to pay grade E-4 on 1 March 2006.

3.  He provided a copy of PO Number 121-2816, issued by Headquarters, U.S. Army Infantry Center, dated 1 May 2006, awarding him the Ranger Tab for successful completion of Ranger training.

4.  He was honorably released from active duty on 1 January 2008 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He was credited with completing 3 years, 9 months, and 29 days of net active service with no time lost.  His DD Form 214 lists in:

* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Achievement Medal (2nd Award)
* Joint Meritorious Unit Award
* Army Good Conduct Medal
* National Defense Service Medal
* Afghanistan Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Army Label Button
* Combat Infantryman Badge
* Expert Infantryman Badge

* Item 18 (Remarks) – "Service in Iraq 20060629-20061008//Service in Afghanistan 20050929-20060106//Service in Iraq 20041228-20050411"
* Item 25 (Separation Authority) – Army Regulation 635-200, paragraph      5-16
* Item 26 (Separation Code) – MCF
* Item 28 (Narrative Reason for Separation) – Attend Civilian School
* Item 27 (RE Code) – 3

5.  He also provided a copy of Orders D-09-116032, issued by the U.S. Army Human Resources Command, dated 27 September 2011, discharging him from the USAR on 27 September 2011.

6.  Army Regulation 635-200, in effect at the time, set the policies for the orderly administrative separation of Soldiers for a variety of reasons.  Paragraph 5-16 of the regulation stated Soldiers would be discharged or released from active duty for the convenience of the Government, up to 90 days before ETS, in order to attend a specific term at college, university, vocational school, or technical school.

7.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  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 includes a list of Armed Forces reentry codes, including RA RE codes.  (Army Retention 

Program) governs the enlistment of persons, with or without prior service (PS), into the RA, USAR, and Army National Guard.  The regulation states in:

   a.  Table 3-1 - RE-3 applies to a person who is not considered fully qualified for reentry or continuous Service at time of separation, but disqualification is waivable.

   b.  Paragraph 3-22 – PS personnel  who were released early to attend school and received a Separation Program Designator (SPD) code of KCB, KCF, MCA, MCB, MCF, or KCA may enlist without RE code waiver. 
   
   c.  Paragraph 3-24 – The PS Army personnel will be advised that RE codes may be changed only if they are determined to be administratively incorrect.  Applicants who have corrected RE codes will be processed for a waiver at their request if otherwise qualified and waiver is authorized.  No requirement to change RE codes exists to qualify for enlistment.  Only when there is evidence to support an incorrect RE code or when there is an administrative error will an applicant be advised to request a correction.  Do not advise applicants to contact the ABCMR when applicant is eligible to request a waiver.

8.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214.  The regulation states the SPD code of MCF will be used for the voluntary release from active duty to attend civilian school under the provisions of Army Regulation 635-200, paragraph 5-16.

9.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for active Army Soldiers and Reserve Component Soldiers separated for cause.  It also shows SPD codes with their corresponding RE code.  The SPD code of MCF has a corresponding RE code of 3.

10.  Army Regulation 600-8-22 (Military Awards) states:

   a.  A bronze service star is authorized for wear with the Iraq Campaign Medal for participation in each credited campaign.  Approved designated campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* 
Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

   b.  A bronze service star is authorized for wear with the Afghanistan Campaign Medal for participation in each credited campaign.  Approved designated campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-30 November 2009)
* Consolidation III (1 December 2009 - 30 June 2011)
* Transition I (1 July 2011-date to be determined)

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Ranger Tab for successful completion of Ranger training.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence of record confirms he completing a qualifying period of service for the addition of one bronze service star to be added to his already-awarded Afghanistan Campaign Medal and Iraq Campaign Medal.  Therefore, his DD Form 214 should be corrected to show these service stars.

3.  With respect to the RE-3 code, in accordance with Army Regulation 601-210, his assigned RE code of 3 is consistent with the SPD/RE code cross reference table for Soldiers discharged to attend school.  The evidence also shows he was properly discharged in accordance with pertinent regulations, with due process.  

4.  There is no evidence in the available record and he had provided none to show his assigned RE code of 3 is in error or unjust.  Therefore, he has established no basis for changing his existing RE code.  

5.  By regulation, since he was released early to attend school and received SPD code of MCF, there is no basis for granting his request for a change to his RE code.  In his case, the RE code of 3 is not derogatory.  In accordance with the governing regulation (in effect today) he would not need an RE code waiver to enlist.  He wish to show prospective employers this Record of Proceedings.


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 the Afghanistan Campaign Medal and Iraq Campaign Medal from his DD Form 214 
* adding to his DD Form 214 the Ranger Tab, Afghanistan Campaign Medal with one bronze service star, and Iraq Campaign Medal with one bronze service star 

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 a change to 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)                                         AR20130021456





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ABCMR Record of Proceedings (cont)                                         AR20130021456



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