IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140019000
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 reentry eligibility (RE) code from 3
to 1.
2. The applicant states:
* his RE code 3 makes him ineligible for enlistment/reenlistment
* he was separated to attend school and he should not be barred for reenlistment because he wanted a college education
* he is 25 years old, physically and mentally fit, and he was granted separation to attend college
* he never planned to stay out of the military
* his plan was to become more educated and to enlist again after he graduated
* he was not familiar with the RE codes when he was separated from the military
* the recruiters in New York are telling him they do not understand why he was given an RE code 3
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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. On 17 January 2008, the applicant enlisted in the Army National Guard of the United States. On 28 October 2008, he was honorably discharged for immediate enlistment in the Regular Army.
3. On 29 October 2008, he enlisted in the Regular Army for a 3-year period.
4. On 3 August 2011, he was honorably released from active duty prior to completion of his 3-year active duty enlistment period. His DD Form 214 shows in:
* item 9 (Command to Which Transferred) U.S. Army Reserve Control Group (Reinforcement)
* item 12c (Net Active Service This Period) 2 years, 9 months and 5 days
* item 25 (Separation Authority) Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-16
* item 26 (Separation Code) MCF
* item 27 (RE Code) 3
* item 28 (Narrative Reason for Separation) Attend Civilian School
5. His request for separation to attend school and any associated documents are not available for review.
6. Army Regulation 635-200 prescribes the policies, standards and procedures for the orderly administrative separation of Soldiers. Paragraph 5-16 states Soldiers may be discharged or released from active duty for the convenience of the Government up to 90 days before their expiration of term of service in order to attend a specific term at a college, university, vocational school, or technical school. Soldiers serving initial enlistments of less than 3 years are not eligible for separation under this paragraph.
7. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on DD Form 214. A separation under the provisions of Army Regulation 635-200, paragraph 5-16, for an early release to attend civilian school carries SPD code MCF.
8. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes the basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.
* RE code 1 applies to persons who completed an initial term of active service who were fully qualified for enlistment when separated
* RE code 2 no longer applies
* RE code 3 applies to persons who were not qualified for reentry or continuous service at the time of separation, but the disqualification is waivable
* RE code 4 applies to Soldiers separated from their last period of service with a nonwaivable disqualification
9. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers and shows the SPD code and corresponding RE code. SPD code MCF shows the corresponding RE code 3.
DISCUSSION AND CONCLUSIONS:
1. The applicant was properly assigned RE code 3 when he requested early separation to attend school prior to the completion of his active service duty obligation.
2. An RE code 3 does not preclude him from enlisting but does require approval of a waiver. Requests for waivers are processed through the U.S. Army Recruiting Command by local recruiters.
3. In view of the aforementioned evidence, there is no basis for granting the requested relief.
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) AR20140019000
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ABCMR Record of Proceedings (cont) AR20140019000
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