AR20140000085

IN THE CASE OF:

BOARD DATE: 9 September 2014

DOCKET NUMBER: AR20140000085

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 the entries in the following items on his DD Form 214 (Certificate of Release or Discharge from Active Duty):

* item 25 (Separation Authority)
* item 27 (Reentry (RE) Code)

2. The applicant states he complied with the requirements for early separation to attend school as reflected by the entries in item 26 (Separation code) and item 28 (Narrative Reason for Separation). Item 25 incorrectly shows paragraph 5-17 reflecting physical or mental conditions. It should show paragraph 5-16, early separation to further education. He further states he is interested in returning to service and these items are causing problems with even being considered for reenlistment.

3. The applicant provides 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 3years 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 1 July 1993, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty 44B (Metal Worker).

3. His records maintained in the interactive Personnel Electronic Records Management System contain a DA Form 4187 (Personnel Action), dated 12November 1997, which shows he requested early release from active duty under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-17 (to further education). It also contains a letter from a university readmission official stating that his application for readmission to study in the department of electrical engineering during the quarter starting 23March 1998 had been accepted.

4. On 25 November 1997, the separation authority approved the applicant’s release from active duty under the provisions of Army Regulation 635-200, paragraph 5-17.

5. On 13 March 1998, he was accordingly released from active duty. His DDForm 214 shows he completed 4 years, 8months, and 13 days of creditable active service. It further shows in:

* item 25 “AR 635-200, PARA 5-17”
* item 26 “MCF”
* item 27 “3”
* item 28 “ATTEND SCHOOL”

6. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.

a. Paragraph 5-16 at the time provided for early release of Reserve Component personnel serving Active Guard Reserve tours.

b. Paragraph 5-17 at the time provided that Soldiers could be discharged or released from active duty for the convenience of the Government, up to 90 days before expiration term of service (ETS), in order to attend a specific term at a college, university, vocational school, or technical school. It further provided that Soldiers must provide a statement from an appropriate school official (for example, a registrar or director of admissions) indicating acceptance for enrollment (without qualification or in a probationary status) in a full-time resident course of instruction. The statement must also reflect that the latest acceptable registration date for the school term falls within the 3-month period preceding the Soldier’s ETS.

c. Paragraph 5-18 at the time provided for separation for other designated physical or mental conditions.

d. Paragraph 5-17 of the current version provides for separation for other designated physical or mental conditions.

7. Army Regulation 635-5-1 (Separation Program Designators (SPD)) provides the narrative reason for separation and the SPD code to be entered on the DDForm214. The narrative reason for separation under the provisions of Army Regulation 635-200, paragraph 5-17 at the time was “attend school.” Soldiers separated under this authority were assigned SPD code “MCF.”

8. The SPD/RE Codes Cross Reference Table provides instructions for determining the RE code to assign to Active Army Soldiers when they are separated. The table shows SPD code “MCF” corresponded to RE code “3.”

9. Army Regulation 635-200 states 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 (Active and Reserve Components Enlistment Program) provides eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S.Army Reserve, and Army National Guard. Table 3-1 states RE code “3” applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1. The evidence of record does not support the applicant’s request for correction of his DD Form 214.

2. The evidence shows he was released from active duty under the provisions of Army Regulation 635200, paragraph 5-17 at that time for the purpose of attending school. The narrative reason, SPD code, and RE code shown on his DD Form 214 accurately reflect the authority for his release from active duty at the time. There is no evidence of error or injustice. Therefore, there is no basis for changing these entries on his DD Form 214.

3. However, given that paragraph 5-17 of this regulation was subsequently changed to show separation for other designated physical or mental conditions, the applicant should direct anyone questioning his release from active duty to the version of Army Regulation 635-200 in effect at the time.

4. His desire to reenter military service is admirable. His disqualification for reentry may be waived. He may discuss the waiver process with a recruiter. He should note, however, that waivers are granted based on the needs of the Army. Submitting a request for a waiver does not guarantee approval.

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) AR20140000085

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ABCMR Record of Proceedings (cont) AR20140000085

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