IN THE CASE OF:  	  

		BOARD DATE:  9 June 2015	  

		DOCKET NUMBER:  AR20140018031 


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 a change of his Reentry (RE) code from RE-3 to     RE-1.

2.  The applicant states when he attempted to reenlist, it was pointed out to him that his code was RE-3, indicating he was unable to reenlist.  Therefore, he is unable to use his GI Bill benefits.  He was only released 90 days early to attend school and was honorably discharged.  He has his Honorable Discharge Certificate and he was able to attend school on the GI Bill.  He believes his RE code was issued in error.  He is requesting his code be changed to the appropriate code (RE-1) to facilitate his reenlistment.  He is unaware of any circumstances or occurrences which may have predicated this code and he requests the correction be completed as soon as possible.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the California Army National Guard (CAARNG), in pay grade E-2, on 5 April 2007, for 8 years.  He entered active duty for training (ADT) on 5 August 2008.  He completed training and was awarded military occupational specialty 11B (infantryman).  He was released from ADT on 3 October 2008 and was transferred to the CAARNG.


2.  On 12 September 2009, he completed a DD Form 368 (Request for Conditional Release), requesting a conditional release to process entrance into another component of the Armed Forces.  His request was approved on the same day.

3.  He enlisted in the Regular Army, in pay grade E-4, on 2 December 2009, for 3 years.  

4.  The complete facts and circumstances surrounding his separation from AD are not available for review with this case.  However, his records contain a DD Form 214 which shows he was honorably released from AD on 
15 September 2012 and was transferred to a CAARNG unit.  He was credited with completing 2 years, 9 months, and 14 days of net active service.  His DD Form 214 lists in:

* Item 25 (Separation Authority) – AR [Army Regulation] 635-200,    PARA 5-16  
* Item 26 (Separation Code) – MCF
* Item 27 (RE Code) – 3
* Item 28 (Narrative Reason for Separation) – Attend Civilian School

5.  It appears prior to his release from AD, he enlisted in the CAARNG on 29 August 2012 for 2 years, 6 months, and 19 days.

6.  On 5 February 2015, he voluntarily extended his CAARNG enlistment for 7 months.

7.  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.

8.  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.

9.  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

10.  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 shows he was honorably released from active duty on 15 September 2012.  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 separation is an RE code of "3."  Therefore, he was appropriately assigned the RE code associated with his separation.

2.  His RE code was administratively correct and in conformance with applicable regulations at the time.  There is no evidence and he has not provided sufficient evidence showing his assigned RE code of "3" is in error or unjust.  Therefore, there is no basis for granting him the requested relief.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  He is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service 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 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)                                         AR20140018031





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ABCMR Record of Proceedings (cont)                                         AR20140018031



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