BOARD DATE: 16 September 2010 DOCKET NUMBER: AR20100010290 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 her Reentry (RE) code of 3 to a more favorable RE code so she may reenter the military. 2. The applicant states a recruiter told her that her assigned RE code is incorrect and that there is no justification for it. She was separated to attend school and received an honorable discharge. 3. The applicant provides a copy of her DD Form 214. 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. The applicant's records show she enlisted in the Regular Army (RA) for a period of 3 years on 12 October 1993. She completed basic combat and advanced individual training and she was awarded military occupational specialty 71L (Administrative Specialist). 3. The facts and circumstances surrounding the applicant's discharge are not available for review with this case. However, her records contain a DD Form 214 that shows she was honorably released from active duty on 27 July 1996 under the provisions of chapter 5-17 of Army Regulation 635-200 (Personnel Separation) by reason of "Attending School." This form also shows she completed 2 years, 9 months, and 16 days of creditable active military service, and the following: * Item 26 (Separation Code) shows the entry "MCF" * Item 27 (Reentry Code) shows the entry "3" 4. Army Regulation 635-200 provides the Army’s enlisted separation policy. Paragraph 5-17, in effect at the time, provided the policy for early separation to further education. It stated, in pertinent part, that Soldiers could be discharged or released from active duty for the convenience of the Government, up to 90 days before expiration of term of service, in order to attend a specific term at a college, university, vocational school, or technical school. 5. Army Regulation 635-200 states, in pertinent part, 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 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the US Army Reserve. Table 3-1 included a list of the RA RE Codes. An RE–1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. They are qualified for enlistment if all other criteria are met. An RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. They are ineligible unless a waiver is granted. Recruiters are responsible for processing an applicant's request for waiver to the proper approval authority. 6. Army Regulation 635-5-1 (Separation Program Designator (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 regulation in effect at the time identified the "MCF" SPD code of MCF as the appropriate code to assign Regular Army Soldiers separated under the provisions of paragraph 5-17, Army Regulation 635-200, who were separated early to attend school. 7. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. The SPD/RE Cross Reference Table in effect at the time of the applicant's separation established an RE code of 3 as the proper RE code to assign Soldiers separated with an SPD code of MCF. Current regulations still provide for the assignment of an RE code of 3 for Soldiers separated early to attend school. DISCUSSION AND CONCLUSIONS: 1. The applicant contends her assigned RE code of 3 should be upgraded to a favorable code that would allow her to reenter the military. 2. The applicant’s record confirms she was separated under the provisions of paragraph 5-17, Army Regulation 635-200 to attend school. It further shows that based on this authority and reason for separation she was appropriately assigned a SPD code of MCF in accordance with the applicable regulation. She was assigned a corresponding RE code of 3. Her assigned RE code was and remains valid. 3. The ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits. The applicant is advised that although no change is being recommended to her RE code, this does not mean that she is disqualified from reenlistment. An RE code of 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. If the applicant still desires to reenter the Army, she should contact a local recruiter who can best advise a former service member as to the needs of the Army at the time and is required to process a waiver of her 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) AR20100010290 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100010290 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1