IN THE CASE OF: BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20160002862 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x___ ___x ____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20160002862 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20160002862 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a more favorable reentry (RE) code so that he may reenter the military. 2. The applicant states, in effect: a. He was discharged early so that he could attend college on time. His contract ended in February 2013; he would have missed both semesters of school and he would have had to start looking for a job right away. The money he saved would not have been enough to live in the Long Island, NY, area. b. The reason why his reentry code should be changed from "3" to "1" is because he was trying to finish my college degree; he will complete his degree in two semesters. It seems that there must have been an error in determining his reentry code. Since entering college, he has maintained a 3.8 grade point average (GPA) and he would like to thank the military for providing him the skills so he could maintain his focus and execute tasks in the classroom and in the teaching setting of his degree. c. The military has been in his family for decades. Since he will be graduating college soon, he would like to reenter the military and develop and mentor Soldiers to become better professionals on the battlefield and in the learning environment. There's a lot that he has absorbed from his military experiences and he has used that to his civilian advantage. He is a leader in the professional education setting and he mentors young students to serve and protect their country. His goal, if given the chance, is to come back into the military and to serve 25 or more years as a future sergeant major. The experiences he has obtained and the leadership skills he has conquered will make the military stronger. 3. The applicant provides a copy of his 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 enlisted in the Regular Army on 8 September 2009. He completed his initial entry training and was awarded military occupational specialty 11C (Indirect Fire Infantryman). The highest rank/grade he attained was specialist/E-4. 3. The facts and circumstances surrounding the applicant's discharge are not available for review with this case. However, his record contains a duly-constituted DD Form 214 that shows he was honorably released from active duty on 30 November 2012, under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-16, to attend a civilian school. This form further shows in: * Item 26 (Separation Code), the entry "MCF" * Item 27 (Reentry Code), the entry "3" REFERENCES: 1. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria for enlistment and processing into the Regular Army and the U.S. Army Reserve. This regulation provides 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. It also states that RE codes may be changed only if they are determined to be administratively incorrect. Chapter 3 of this regulation prescribes basic eligibility for prior-service applicants for enlistment. This chapter includes a list of Armed Forces RE codes, including Regular Army RE codes. a. RE-1 applies to persons completing their term of service who are considered qualified to reenter the Army, so long as all other qualifications are met. b. RE-3 applies to persons not qualified for continued Army service at the time of discharge, but the disqualification is waivable. 2. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities and the reasons for the separation of members from active military service and the SPD codes to be used. The regulation shows that the SPD code of "MCF," as shown on his DD Form 214, is appropriate for voluntary separation when the narrative reason for discharge is to attend civilian school under the provisions of Army Regulation 635-200, paragraph 5-16. 3. The U.S. Army Human Resources Command (HRC) publishes a cross-reference list of SPD and RE codes. The cross-reference list in effect at the time showed that an SPD code of "MCF" was assigned an RE code of "3." 4. Army Regulation 635-200 sets forth the basic authority of the separation of enlisted personnel. Paragraph 5-16 provides the policy for early separation to further education. It states Soldiers could be discharged or released from active duty for the convenience of the government up to 90 days before their expiration of term of service in order to attend a specific term at a college, university, vocational school, or technical school. DISCUSSION: 1. The applicant's request for a change in his RE code was carefully considered. 2. The applicant was separated under the provisions of Army Regulation 635-200, paragraph 5-16, to attend a civilian school. Based on the authority and reason for separation, he was properly assigned an SPD code of "MCF," and a corresponding RE code of "3" in accordance with applicable regulations. 3. Without evidence that shows an error exists on his DD Form 214 or that his discharge was in error or unjust, there is no basis to change his RE code as requested. 4. A RE code of "3" applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of disqualification. The applicant should contact a local recruiter who can best advise him on his eligibility for reentry. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002862 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002862 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2