IN THE CASE OF:	

		BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20140001011 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his separation date as 4 October 2013 and his reentry eligibility (RE) code as 1.

2.  The applicant states he believes his DD Form 214 is in error because an early release to attend school is valid to the end of one's contract.  He doesn't know what happened or why it happened, but he and his pregnant wife were not prepared for his sudden discharge on 19 August 2013.  He had saved 36 days of accrued leave in preparation for his transition from the military into the seminary, but his unit made him take less and separated him unjustly after making him change his DA Form 4187 (Personnel Action).  He further states his RE code is incorrect and must be changed from 3 to 1.

3.  The applicant provides:

* self-authored statement, dated 6 January 2014
* DD Form 214 for the period 24 March 1997-23 March 2001 (U.S. Marine Corps)
* DD Form 214 for the period 30 August 2001-29 August 2004 (U.S. Army)
* DD Form 214 for the period 12 June 2006-21 February 2007 (U.S. Air Force Reserve)
* DD Form 214 for the period 17 February 2009-19 August 2013 (U.S. Army)
* DA Form 31 (Request and Authority for Leave) for the period 30 August-4 October 2013
* revised DA Form 31 for the period 1-19 August 2013
* DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army (RA)), dated 4 October 2011
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 5 October 2011
* DA Form 3286 (Statements for Enlistment), dated 5 October 2011
* Headquarters, 5th Battalion (High Mobility Artillery Rocket System), 3rd Field Artillery Regiment, memorandum, dated 21 June 2013, subject:  Assumption of Command
* Directorate of Human Resources, Military Personnel Division, Transition Center, Joint Base Lewis-McChord, Orders 191-0025, dated 10 July 2013
* DA Form 4187, dated 10 July 2013
* DA Form 4187-1-R (Personnel Action Form Addendum), dated 15 July 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the RA on 17 February 2009 following 7 years, 8 months, and 10 days of prior active Federal service (AFS) in the U.S. Marine Corps, U.S. Army, and U.S. Air Force Reserve.  On 5 October 2011, he reenlisted for a period of 2 years in the rank of sergeant/pay grade E-5.  Based on his reenlistment, his new expiration term of service (ETS) was 4 October 2013.

2.  A DA Form 31, dated 25 June 2013, shows he requested and was approved for 36 days of transition leave (shown as "terminal" leave) from 30 August 2013 to 4 October 2013 in connection with his ETS.

3.  On 2 July 2013, he requested approval to separate from active duty prior to his ETS of 4 October 2013 to attend the Seminary at Liberty University.  He stated the semester would begin on 19 August 2013 with orientation on 15 August 2013.

4.  A DA Form 4187, dated 10 July 2013, shows he requested voluntary separation and was approved for early release from active duty to complete a college degree in theology (Master of Divinity).  The remarks section states, in part:

* "Service member would like to begin program on August 15, 2013"
* "Service member currently reached his retention control point (RCP) for promotion in his current MOS [military occupational specialty]"


* "Service member is fully aware of his time and the possible benefits that he will lose upon release from service"
* "Soldier requests separation date of 20130801 [1 August 2013]"
5.  Directorate of Human Resources, Military Personnel Division, Transition Center, Joint Base Lewis-McChord, Orders 191-0025, dated 10 July 2013, discharged the applicant from the RA effective 4 October 2013 unless changed or rescinded.

6.  A DA Form 4187, dated 24 July 2013, shows he requested voluntary separation and was approved for early release from active duty to further his education.  The remarks section states, in part:

* "I am requesting a separation date of 01 August 2013"
* "I (WILL) be taking transition leave"

7.  A DA Form 31, dated 24 July 2013, shows he requested and was approved for 19 days of transition leave (shown as "terminal" leave) from 1 August to 19 August 2013 in connection with his ETS.

8.  On 26 July 2013, the applicant's brigade commander approved his request for separation from active duty prior to his ETS under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-16.  The brigade commander stated the applicant would not be transferred to the Individual Ready Reserve, but would be honorably discharged.

9.  Directorate of Human Resources, Military Personnel Division, Transition Center, Joint Base Lewis-McChord, Orders 212-0036, dated 31 July 2013, rescinded Orders 191-0025, dated 10 July 2013.

10.  Directorate of Human Resources, Military Personnel Division, Transition Center, Joint Base Lewis-McChord, Orders 218-0011, dated 6 August 2013, discharged the applicant from the RA, effective 19 August 2013 unless changed or rescinded.

11.  On 19 August 2013, the applicant was honorably discharged.  His DD Form 214 shows:

* item 23 (Type of Separation) – DISCHARGE
* item 25 (Separation Authority) – ARMY REGULATION 635-200, PARAGRAPH 5-16
* item 26 (Separation Code) – KCF


* item 27 (Reentry Code) – 3
* item 28 (Narrative Reason for Separation) – ATTEND CIVILIAN SCHOOL

12.  Army Regulation 635-200 sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons.  Paragraph 5-16 (Early Separation to Further Education) states Soldiers may 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.  The effective date of early separation under this paragraph normally will not be earlier than 10 days prior to the date classes convene.

13.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria governing the enlistment of persons with or without prior service into the RA, U.S. Army Reserve, and Army National Guard.

	a.  Paragraph 3-10 (RA Retention Control Point – Not Applicable to Reserve Components) provides that if an applicant is eligible to enlist with or without a waiver or grade determination, then the term of enlistment when added to previous AFS will not exceed the criteria below, as indicated for each enlistment grade:

* private-private first class – not more than 8 years AFS
* specialist – not more than 10 years AFS
* sergeant – not more than 15 years AFS
* staff sergeant – not more than 22 years AFS
* sergeant first class – not more than 24 years AFS
* master sergeant/first sergeant – not more than 26 years AFS
* sergeant major/command sergeant major – not more than 30 years AFS

	b.  Paragraph 3-11 (Armed Forces RE Codes) provides that regardless of RE code, an applicant may require a waiver for the reason and authority for separation, release, discharge, or transfer.

   c.  Paragraph 3-15 (Authorized Enlistment Periods) states enlistment for prior- service applicants in the RA is authorized for a period of at least 3 years but not more than 6 years.  A specific military occupational specialty may require a minimum term of service.



	d.  Table 3-1 contains a list of RE codes.

		(1)  RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.

		(2)  RE-3 applies persons who are not considered fully qualified for reentry or continuous service at the time of separation but disqualification is waivable.

		(3)  RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.

14.  Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  SPD code KCF applies to Soldiers voluntarily discharged to attend civilian school.

15.  The SPD/RE Codes Cross-Reference Table currently in effect shows the corresponding RE code for SPD code KCF is 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant would have completed 12 years, 3 months and 17 days of AFS at the end of his current term of enlistment on 4 October 2013.  The retention control point for the rank of sergeant is not more than 15 years of AFS.  Therefore, he was not eligible for a subsequent minimum 3-year term of enlistment.

2.  On 2 July 2013, he requested separation prior to his ETS date of 4 October 2013 to attend civilian school.  The remarks section of his DA Form 4187 stated orientation would be on 15 August 2013.

3.  On 10 July 2013, he requested voluntary release from active duty to attend civilian school effective 1 August 2013.  The remarks section of his DA Form 4187 stated, in part, that he was fully aware of his time and the possible benefits that he would lose upon release from military service.

4.  His corresponding DA Form 31, dated 24 July 2013, shows he requested 
19 days of transition leave from 1 August 2013 to 19 August 2013 in connection with his separation.



5.  He was honorably discharged in the rank of sergeant on 19 August 2013.  There is no evidence to support his contention that he does not know what happened or why it happened or why he and his wife were not prepared for his voluntary early discharge on 19 August 2013.

6.  While civilian school attendance is a valid reason for early release from active duty, there is no provision for crediting an individual with military service which was not preformed.  Therefore, there is no evidentiary basis to correct his 
DD Form 214 to show his separation date as 4 October 2013.

7.  Regulatory guidance states SPD code KCF applies to Soldiers voluntarily discharged to attend civilian school and the corresponding RE code is 3.  Therefore, there is no evidentiary basis to correct his DD Form 214 to show his RE code as 1.

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.

ABCMR Record of Proceedings (cont)                                         AR20140001011



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ABCMR Record of Proceedings (cont)                                         AR20140001011



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