MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 April 2002
	DOCKET NUMBER:   AR2002068272

	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. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Richard T. Dunbar		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:  In effect, that his reentry (RE) code of RE-3 be changed to more favorable RE code.

APPLICANT STATES:  In effect, that prior to his separation from the Army, he was not informed the RE-3 code would be issued.  He states that a change in the assigned RE code would allow him to enlist in the Air Force.  In support of application, he submits a copy of his separation document (DD Form 214).

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

On 16 October 1997, the applicant entered active duty in the Regular Army.  He completed training and was awarded military occupational specialty (MOS) 
92A (Automated Logistical Specialist).

The applicant’s record confirms that the highest rank he attained while serving on active duty was sergeant/E-5 (SGT/E-5) and that he earned the following awards during his active duty tenure:  Army Good Conduct Medal; Noncommissioned Officer’s Professional Development Ribbon: Overseas Service Ribbon; Army Service Ribbon; Expert Marksmanship Qualification Badge with Grenade Bar; Sharpshooter Marksmanship Qualification Badge with Rifle Bar; Parachutist Badge; and Air Assault Badge.

The applicant’s record contains a properly constituted separation document 
(DD Form 214) that was authenticated by the applicant with his signature on the date of his separation.  This document confirms that the applicant was honorably released from active duty on 28 August 2001, after completing a total of 3 years, 10 months, and 13 days of active military service.  It also verifies that the authority for his discharge was paragraph 5-16, Army Regulation 635-200, and that the narrative reason for separation was to attend school.  The DD Form 214 also shows that, based on the authority and reason for his separation, the applicant was assigned a Separation Program Designator (SPD) code of 
MCF and a RE code of RE-3.   

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-16 contains the policy and procedure for the separation of personnel for early separation to further their education.  It states, in pertinent part, that soldiers may be discharged or released from active duty for the convenience of the government, up to 90 days before their expiration term of service, in order to attend a specific term at college, university, vocational school, or technical school.

Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of MCF was the appropriate code for the applicant based on the guidance provided in this regulation for soldiers separating under the provisions of Army Regulation 
635-200, paragraph 5-16, by reason of early separation to attend school.  Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), establishes RE-3 as the proper reentry code to assign to soldiers separated for this reason.

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

1.  The Board notes the applicant’s contentions that prior to his separation he was not informed that he would be assigned a RE-3 code and that his RE-3 code should be changed to allow him to enlist in the Air Force.  However, the Board finds insufficient evidence to support these claims.  

2.  The evidence of record confirms that the applicant voluntarily requested separation from the Army to attend school and was assigned a RE-3 code in accordance with applicable regulations.  In addition, he authenticated the 
DD Form 214 issued to him on the date of his separation that contained the RE-3 code and there is no indication that he raised an objection at the time.  Lacking evidence to the contrary, the Board finds that the applicant’s separation, to include the RE code assignment, was accomplished in accordance with applicable regulations.  

3.  The Board finds that the RE-3 code assigned the applicant was appropriate based on the authority and reason for his discharge and the basis for this
RE code assignment has not changed.  However, while there is no basis for removal of the RE code from his record, the disqualification upon which the code was based can be waived for reenlistment purposes.  If the applicant still desires to enlist in the Air Force, he may wish to contact Air Force recruiting personnel, advise them of the basis for the RE-3 code assignment, and request that they process a waiver for his enlistment in their service if he is otherwise qualified.  

4.  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 this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's 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

__MKP__  __EJA__  __RTD___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002068272	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/11	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.