IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100019539 


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 item 27 (Reentry Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the entry "1."

2.  The applicant states, in effect, the Army Discharge Review Board (ADRB) voted to change his reentry eligibility (RE) code to 1 but his DD Form 214 does not show it.

3.  The applicant provides his ADRB proceedings in support of his application.

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 7 October 2003, trained as a human resource specialist, and was discharged under honorable conditions 
(a general discharge) on 30 November 2004. 

3.  On 8 December 2006, the ADRB upgraded his general discharge to fully honorable and changed his narrative reason for separation.  His ADRB proceedings state, in pertinent part, "This action does entail a change to the reentry eligibility (RE) code to "1."   

4.  Item 27 of his DD Form 214 shows the entry "NONE."

DISCUSSION AND CONCLUSIONS:

The ADRB proceedings which state his RE code should be changed to "1" are accepted as sufficient evidence on which to amend item 27 of his DD Form 214 to show the entry "1."

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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 all Department of the Army records of the individual concerned be corrected by deleting the entry in item 27 of his DD Form 214 and replacing it with "1."



      _______ _ 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)                                         AR20100019539





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100019539



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1