MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            10 February 2000                  
	DOCKET NUMBER:   AR1999025563

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James P. Steuve		Member	
	Mr. Kenneth L. Wright		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That Item 28, Narrative Reason for Separation, on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed from “Secretarial Authority” to “Attend School.”  In effect, he is also requesting a concurrent change in Item 26, SPD Code (KFF) and Item 27, Reentry Code (RE-3).

APPLICANT STATES:  That he served 11 years, 8 months on active duty and requested discharge in advance of his normal ETS (expiration of term of service) date in order to attend school; that he has since been denied enlistment in the Army Reserve and Army National Guard because of his DD Form 214; and that had he known there would be a problem, he never would have requested the early separation.

EVIDENCE OF RECORD:  The applicant's military records show:

He was a staff sergeant (E-6) with more than 11 years of continuous active Federal service when he decided to separate in order to pursue a degree in nursing.  He applied to be discharged on 23 August 1994 in order to attend a community college whose Fall Semester started on that same date.  His actual ETS date was 29 November 1994, some 96 days later.  All of his separation paperwork was in order and his request was approved.  He was honorably discharged on 23 August 1994 with a total of 11 years, 8 months, and 23 days of creditable service and no lost time.

Army Regulation 635-200 sets policies, standards, and procedures to insure 
the readiness and competency of the force while providing for the orderly administrative separation of soldiers for a variety of reasons.  Paragraph 5-17 permits separation up to 90 days in advance of a soldier’s ETS date for the purpose of attending school.  Paragraph 5-3 permits separation at any period prior to ETS under the provisions of Secretarial Authority.

Army Regulation 635-5-1 prescribes the specific authorities, reason for separating a soldier from active duty, and the separation program designator (SPD) codes to be entered on DD Form 214.  It states, in pertinent part, that soldiers released in order to attend school shall be given a narrative reason of “Attend School,” an SPD code of “MCF,” and an RE Code of RE-3.  Soldiers separated by reason of “Secretarial Authority” shall receive an SPD code of KFF and an RE Code of RE-3.  An RE Code of RE-3 means that a former soldier may not reenlist without first obtaining a waiver.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The applicant could not be separated under the provisions of AR 635-200, paragraph 5-17 (to attend school) because he sought release more than 90 days in advance of his ETS date.  In order to comply with the applicant’s desires, he was separated under the provisions of 
AR 635-200, paragraph 5-3 (Secretarial Authority).

3.  Regardless of the reason given for the applicant’s separation, the prescribed RE Code for early separation under either paragraph is RE-3, not eligible for reenlistment without obtaining a waiver.  The applicant may continue to seek a waiver through his local Army Reserve or Army National Guard recruiter.

4.  In view of the foregoing, and since there is no error or injustice associated with the applicant’s separation, there is no basis for granting his request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_VBC___  __JPS___  __KLW__  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999025563	
SUFFIX		
RECON		
DATE BOARDED	20000210	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	100.0300	
2.	110.0200	
3.		
4.		
5.		
6.