MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            20 May 2003                  
	DOCKET NUMBER:    AR2003086795

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer 		Chairperson	
	Ms. Deborah Jacobs		Member	
	Mr. Jose A. Martinez		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 the reentry (RE) code of RE-3 he was assigned upon his separation from active duty on 21 January 2000 be changed to an RE-1 code.  

APPLICANT STATES:  In effect, that the RE-3 code he was assigned should be an RE-1 code.  

COUNSEL CONTENDS:  In effect, that the applicant feels a mistake was made on his separation document (DD Form 214) and would like to have it corrected.  Counsel feels that the RE-3 code listed should be an RE-1 code.  Counsel further indicates that the applicant is currently serving in the Army National Guard (ARNG) and would like to transfer to the Air National Guard; however, they will not accept him because of the RE-3 code.  The applicant is a helicopter mechanic and feels he can be best utilized in the Air Guard.  

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

On 1 August 1996, he entered active duty in the Regular Army.  He continuously served on active duty for 3 years, 5 months, and 21 days until 21 January 2000, at which time he was honorably separated.  

The DD Form 214 issued to the applicant on the date of his separation confirms that the authority for his separation was paragraph 5-17, Army Regulation 
635-200, and the reason for his separation was to attend school.  This document also confirms that he was assigned a Separation Program Designator (SPD) code of MCF and an RE code of RE-3.  The applicant authenticated this document with his signature in Item 21 (Signature of Member Being Separated), thereby verifying that the information contained in the DD Form 214, to include the RE-3 code, was correct at the time the document was prepared and issued. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5 policies concerning separation for the convenience of the Government.  Paragraph 5-17, in effect at the time, provided for the early separation of soldiers to further their education.  It allowed soldiers to be separated from active duty for the convenience of the Government, in order to attend a specific term at college, university, vocational school, or technical school. 

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US 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, including RA RE codes.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  

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 chapter 5, Army Regulation 635-200, in order to attend school.  The SPD/RE Code Cross Reference Table establishes RE-3 as the proper reentry code to assign to soldiers separated under this authority and 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, it is concluded:

1.  The Board notes the contention of the applicant and his counsel that there was a mistake made in his RE code, and that it should be changed from RE-3 to RE-1.  However, the Board finds insufficient evidence to support this claim.

2.  By regulation, soldiers separated early to attend school are assigned a SPD code of MCF and a corresponding RE code of RE-3.  RE-3 indicates that the soldier requires a waiver in order to reenlist.  The evidence of record confirms that the applicant was properly given an RE-3 code as a result of the SPD code he received based on the authority and reason for his discharge in accordance with the applicable regulation.  It also appears that the applicant was or should have been aware of the basis for the RE-3 code assignment at the time of his separation, as evidenced by his signature on the DD Form 214 he was issued at the time.  

3.  Lacking independent evidence to the contrary, the Board is satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process.  

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.  The Board is not familiar with Air National Guard reenlistment policies, but it is clear the applicant was assigned the RE-3 code based on his early separation to attend school, and not as a result of any disciplinary history.  Under Army enlistment policy, he would be allowed to request a waiver for reenlistment.  The applicant is advised to discuss waiver policies with Air National Guard enlistment personnel to determine his eligibility to obtain a waiver for enlistment in that service.  

6.  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:

	DJ__  __MM___  __JM_  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2003086795	
SUFFIX		
RECON		
DATE BOARDED	2003/05/20	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	2000/01/21	
DISCHARGE AUTHORITY	AR 635-200 C5	
DISCHARGE REASON	Attend School 	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  4	100.0300	
2.		
3.		
4.		
5.		
6.