MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           18 JUNE 2002                   
	DOCKET NUMBER:   AR2001065672

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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:  That his Reenlistment Eligibility (RE) code be changed from RE-3 to RE-1 in order to permit him to enlisted in the U.S. Air Force.

APPLICANT STATES:  That he was not aware that his RE code would preclude him from returning to active duty in another service.  He notes that he has tried to enlist in the Air Force but was "denied the right to even try."  He states that the Air Force does not view reentry codes the same as the Army.  He states that he was not aware that his request to leave the Army approximately 2 months shy of his scheduled separation date, for the purpose of attending college, would have this effect.  He asks that the RE code be changed to permit him to enlist "without a waiver."  In support of his request he submits a self-authored statement and document showing he was accepted to attend class at the University of Nebraska-Lincoln commencing in May 1997.

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

He enlisted in the Regular Army on 3 March 1994 for a period of 3 years and 
17 weeks.  His term of service (ETS) was scheduled to expire on 1 July 1997.  

On 20 December 1996 the applicant requested release from active duty for the purpose of attending school.  He requested a separation date of 10 May 1997 in order to commence college classes on 19 May 1997.  

His request was approved and the applicant was released from active duty on 
10 May 1997 with an honorable characterization of service, an RE code of 3, and an SPD (Separation Program Designator) code of MCF.  The applicant was informed, as part of his separation action, that his SPD code would be MCF.

On 1 July 1997 the applicant enlisted in the Nebraska Army National Guard.  He was discharged from the National Guard on 23 August 1998 for the purpose of enlisting in the U.S. Air Force Reserve.  

The applicant enlisted in the Air Force Reserve, for a period of 8 years, on 
24 August 1998.

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 prescribed 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 who were not considered fully qualified for reenlistment or continuous service at the time of separation.  To be considered fully qualified for reenlistment an individual must be eligible to be discharged for the purpose of immediate reenlistment.  Soldiers cannot be discharged for the purpose of immediate reenlistment when they are within 3 months of their ETS date.  

The RE-3 code is waivable.  However, waivers are dependent on the needs of the service in which an individual seeks to enlist.

Army Regulation 635-5-1 states that SPD codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  It notes that MCF is the appropriate SPD code for individuals voluntarily separated from active duty to attend school.   A “cross-reference” chart, provided by officials from the separations branch at the U.S. Total Army Personnel Command, confirms that RE-3 is the appropriate RE code for individuals who receive an SPD code of MCF.

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 applicant was separated from active duty, at his request, approximately 2 months prior to his original ETS date.  As such, he was not eligible to reenlist, and received an SPD code of MCF and an RE code of 3.  The RE code was proper, based on the circumstances of his separation.  While the Board sympathizes with the applicant's inability to return to an active status in another service without a waiver, that does not, in and of itself, serve as a basis to change his correctly assigned RE code.

2.  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 that requirement.

3.  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

__KAK __  __MHM__  __ALR__  DENY APPLICATION

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

INDEX

CASE ID	AR2001065672	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020618	
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.	100.03	
2.		
3.		
4.		
5.		
6.