BOARD DATE: 13 March 2018 DOCKET NUMBER: AR20160004962 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 13 March 2018 DOCKET NUMBER: AR20160004962 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 his records to show a Separation Program Designator (SPD) Code of "MFF" (involuntary separation under Secretarial authority) and a Reentry Eligibility Code (RE code) of "1." 2. The applicant states: a. He would like his RE code 3 changed to an RE code 1 because he is trying to reenlist into the National Guard and has just found out that he is ineligible due to this code. If he had known this at discharge he would have had it corrected then. b. His SPD also is incorrect, it reads "KFF" and should read "MFF." c. He was a member of the Army Marksmanship Unit and competed at the Olympic level. Although he was battling chronic tendinitis he was still fit and remained capable of serving in the Regular Army. He was training 40 hours a week and competing on weekends in preparation for the 1996 Olympics and was told by a medical doctor at Fort Benning, Georgia, that he would need extended rest for his tendinitis to fully heal. Since he didn't want to cause permanent damage, he chose to stop competing and when offered an early separation he took it. d. He was honorably separated under Secretarial authority (SPD “KFF”) and received RE code 3. He had no idea that RE code 3 would be detrimental to his reenlisting into the military. He didn't even know what RE code 3 meant until his recruiter informed him. He feels he was misled about the option to reenlist in the future. e. He is trying to enlist in the California Army National Guard. He is still fit and able to provide service to the country. It comes as a shock to him that he is unable to enlist due to the wrong RE code. He would have had it corrected in 1995 if he would have known the severity of the wrong code being used. 3. The applicant provides – * three certificates of training * a certificate of completion * 14 November 1990 Chronological Statement of Retirement Points * two DD Forms 214 (Certificate of Release or Discharge from Active Duty) * his separation processing documents * a 1995 job offer * 30 April 1995 Leave and Earnings Statement * one page of his DA Form 2-1 (Personnel Qualification Record – Part II) 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. On 3 March 1994 the applicant, with prior active and inactive service, enlisted in the Regular Army in military occupational specialty 95B (Military Police). He was assigned to duty as a member of the U.S. Army Marksmanship Unit at Fort Benning, Georgia. 3. On 26 April 1995, the applicant requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-3, due to medical problems (chronic tendinitis) that prevented him from competitive shooting. He noted he had been removed for the competitive shooting team. His DA Form 4187 (Personnel Action) states he had a civilian job offer and he wanted to establish himself in the civilian sector. His expiration of term of service date was 2 March 1997. With his request (on a DA Form 4187) he provided a letter from his prospective employer. 4. On 1 May 1995 the applicant’s company commander recommended approval and forwarded it to through the chain of command to the separation authority at the U.S. Army Personnel Command (PERSCOM). 4. On 19 May 1995 the separation authority acting on behalf of the Secretary of the Army approved the applicant's separation request. 5. A memorandum from the Commander, PERSCOM states the applicant's early separation was approved. The applicant should be separated under Army Regulation 635-200, paragraph 5-3 with an honorable characterization of service, a narrative reason for separation of "Secretarial Authority," an SPD of MFF, and RE code 3. 6. The applicant was discharged on 30 May 1995. His DD Form 214 shows – * 1 year, 2 months and 28 days of creditable active duty service during this period * Character of service – honorable * Separation Authority – Army Regulation 635-200, paragraph 5-3 * Separation Code – KFF * RE code – 3 * Narrative reason for separation – Secretarial authority REFERENCES: 1. Army Regulation 635-200, Section II (Secretarial Authority), paragraph 5-3 states that separation of Soldiers for the convenience of the Government is the prerogative of the Secretary of the Army. Except as delegated by this regulation or by special, Department of the Army directives, it will be accomplished only by Secretarial authority. The separation of any Soldier of the Army under this authority will be based on a Secretarial determination that separation is in the best interests of the Army. Before involuntary separation under this paragraph, the notification procedure will be used. 2. 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. It states that the SPD code of KFF is for a voluntary discharge under Secretarial authority and an MFF is for an involuntary discharge under Secretarial authority. 3. The SPD/RE Code Cross Reference Table shows the RE code for both KFF and MFF as "TBD" (to be determined). Note 3 states when the table specifies "TBD," the Headquarters, Department of the Army directive authorizing the separation will provide the RE code. 4. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) in effect at the time, prescribed eligibility criteria governing the enlistment of persons, with or without prior service in the Regular Army and U.S. Army Reserve. a. RE code 1 applies to persons who completed their term of active service and are fully qualified to reenter the U.S. Army. b. RE code 3 applies to persons not considered fully qualified for continued reentry or continuous service at time of separation, but disqualification is waiveable. c. Recruiting personnel have the responsibility for determining if an applicant for the U.S. Army meets the current enlistment/reenlistment criteria. If a potential recruit is disqualified due to an RE code, he will be informed that RE code upgrades can be corrected if administratively incorrect in the source document. Also depending on the needs of the Army, waivers may not be considered even though the disqualification is waivable. 5. National Guard Regulation 600-200 (Enlisted Personnel Management) establishes standards, policies, and procedures for the management of the Army National Guard and the Army National Guard of the United States enlisted Soldiers in various functional areas including Personnel Management. It states RE codes are determined at separation. An RE code 1 means a Soldier is fully qualified for reentry. RE code 3 means a Soldier is not fully qualified for reentry or continuous service at time of separation, but the disqualification is waiveable. DISCUSSION: 1. By regulation the SPD code KFF is normally used for enlisted personnel who voluntarily separate prior to the expiration of their term of service (enlistment contract). The SPD code MFF is utilized to code a Soldier's involuntary separation. 2. Notwithstanding the PERSCOM memorandum stating the applicant was to receive an SPD code of MFF on his DD Form 214, as the applicant requested a voluntary separation, the SPD code KFF as shown on his DD Form 214 complies with regulatory guidance. 3. Based on Secretarial authority, PERSCOM directed the applicant be assigned RE code 3 as he requested an early release prior to the expiration of his term of service. RE code 3 is waiveable by the Regular Army and its Reserve components during the enlistment or reenlistment process. The decision to grant a waiver is based on the needs of the Army. BOARD DATE: 13 March 2018 DOCKET NUMBER: AR20160004962 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that the Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 30 May 1995 to show Separation Code “MFF” and Reentry Code “1.” 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 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160004962 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004962 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2