BOARD DATE:	  22 October 2013

		DOCKET NUMBER:  AR20130003251 


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 the entries in item 26 (Separation Code) and item 27 (Reentry (RE) code) be changed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* his separation code and RE code are wrong on his DD Form 214 and do not allow him to return to active duty
* he will need a waiver to return to active duty
* he separated with an honorable discharge to attend a civilian school and should not need a waiver to reenter the Armed Forces

3.  The applicant provides two copies of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant served on active duty in the Regular Army from 14 January 2009 through 12 October 2012.

2.  He requested and received an early separation in accordance with Army Regulation 635-200, paragraph 5-16 to attend college. 

3.  His DD Form 214 shows:

* a separation authority of Army Regulation 635-200, paragraph 5-16
* Separation Program Designator (SPD) of MCF
* an RE code of 3
* a narrative reason for separation as to attend civilian school

4.  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.  It indicates that a separation under the provisions of Army Regulation 635-200, paragraph 5-16, for an early release to attend civilian school carries an SPD of MCF.

5.  The SPD/RE Code Cross-Reference Table indicates an SPD of MCF carries an RE code of 3.

6.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army (RA), U.S. Army Reserve (USAR), and the Army National Guard.  It provides the following:

     a.  RE codes may be changed only if they are determined to be administratively incorrect.  Applicants who have correct RE codes will be processed for a waiver at their request if otherwise qualified and waiver is authorized.  No requirement to change an RE code exists to qualify for enlistment;

     b.  an RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are fully qualified for enlistment if all other criteria are met; and

     c.  an RE-3 applies to Soldiers who are considered not fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated early in order to attend school and was assigned an SPD code of MCF in accordance with the governing regulation.  The SPD Code/RE Code Cross Reference Table states that an SPD code of MCF requires an RE code of 3.  Therefore, the separation code and RE code shown on his DD Form 214 are correct.

2.  The applicant is advised that although his RE code was properly assigned, this does not mean he is totally disqualified from returning to the military.  The disqualification upon which the RE code of 3 was based may be waived for enlistment purposes.  The applicant is advised that if he desires to enlist, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  These individuals can best advise a former service member of the needs of the military at the time and may process enlistment waivers for the applicant's RE code.

3.  In view of the foregoing, there is no basis for granting the applicant's 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 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)                                         AR20130003251



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ABCMR Record of Proceedings (cont)                                         AR20130003251



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