ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 September 2019 DOCKET NUMBER: AR20170011172 APPLICANT REQUESTS: his reentry (RE) code be changed from “3” to “1” APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: (online) DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, he was not overweight nor did he have any disciplinary issues while he was in the service. The only reason he was discharged was because he received a school drop to attend the fire academy in Texas. He is not sure why his reentry code is “3.” He believes his RE code should be “1.” The RE code was not an issue until he decided to join the Coast Guard. 3. A review of the applicant's service record shows: a. He enlisted in the Regular Army on 7 June 2005. b. On 29 June 2009, the applicant’s request for early separation to further his education, under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 5-16 was approved by the separation authority. c. The applicant was released from active duty on 15 August 2009. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was released under the provisions of AR 635-200, paragraph 5-16, attend civilian school, separation program designator (SPD) code MCF, and his service was characterized as honorable. He completed 4 years, 2 months and 9 days of net active service. He was assigned RE-3. 4. Army Regulation (AR) 601-210 (Active and Reserve Components Enlistment Program) states, an RE code 3 applies to persons who are not qualified for reentry or continuous service at the time of separation, but the disqualification is waivable. He is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service. Those individuals can best advise a former service member as to the needs of the service at the time and are responsible for processing requests for enlistment waivers. 5. Separation Program Designator (SPD)/Reentry Codes Cross-Reference Table - 15 June 2006, provides instruction for determining the RE Code for Active Army Soldiers, as well as RC Soldiers separated for cause and exceptional category for physical disability. Based on the cross-reference table, SPD “MCF” has a corresponding RE Code of 3. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. Based upon the facts and circumstances surrounding the applicant’s separation, the Board concluded that the applicant should not be penalized by issuing an RE code that reduces opportunities for returning to future military service because he wanted to further his education and the Army approved his early release. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 15 August 2009 by deleting the current Reentry Code (3) and replacing it with a 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes the basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. * an RE code 1 applies to persons who completed an initial term of active service who were fully qualified for enlistment when separated * an RE code 3 applies to persons who are not qualified for reentry or continuous service at the time of separation, but the disqualification is waivable * an RE code 4 applies to persons separated from their last period of service with a non-waivable disqualification //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170011172 3 1