RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 February 2004
DOCKET NUMBER: AR2000913643
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Edmund P. Mercanti | |Analyst |
The following members, a quorum, were present:
| |Mr. Raymond V. O’Connor | |Chairperson |
| |Ms. Margaret V. Thompson | |Member |
| |Mr. Lawrence Foster | |Member |
The applicant and counsel if any, did not appear before the Board.
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that block 27, Reentry Code, of his DD Form 214,
Certificate of Release or Discharge from Active Duty, be corrected from
“NA” to a Reentry (RE) code which will allow him to reenlist. He also
requests that his characterization of service be changed from honorable to
uncharacterized or that the reason for his separation be corrected to Entry
Level.
2. The applicant states that he is precluded from reenlisting with “NA”
entered as his RE code on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant’s records could not be located. The following
information was derived from the DD Form 214 supplied by the applicant,
himself.
2. On 30 July 1998, the applicant entered Initial Entry Training (IET).
He completed his training and was awarded the military occupational
specialty of avionic mechanic. He was honorably released from active duty
on 7 April 1999 and transferred back to his Army National Guard (ARNG)
unit. He had served 8 months and 8 days of active federal service.
3. The DD Form 214 issued to the applicant, Item 23, TYPE OF SEPARATION,
has “RELEASE FROM ACTIVE DUTY TRAINING” entered. Item 27 has “NA” entered.
4. Army Regulation 635-5 establishes the standardized policy for preparing
and distributing the DD Form 214. Table 2-1 of this regulation states that
“NA” will be entered in Item 27, REENTRY CODE, of the DD Form 214 when
separating a reservist or guardsman upon completion of active duty for
training (ADT) or full time training duty. Item 28 of the DD Form 214,
NARRATIVE REASON FOR SEPARATION, is based on regulatory or other authority
for separation. For soldiers ordered to ADT, the entry “Completion of
period of ADT” is appropriate.
5. In 1982 the Department of Defense directed the various military
departments to implement a new separation program, effective 1 October
l982. This program essentially provides for the separation, in an entry
level status, of new personnel who are recommended for separation during
their initial 180 days of service, usually due to their inability to
complete their training. These personnel will be granted an
uncharacterized discharge, unless they are being discharged for
misconduct wherein a discharge under other than honorable conditions is
warranted. An honorable discharge will be granted to personnel in an entry
level status only if their service is so outstanding as to warrant an
exception to policy by the service secretary concerned. Army Regulation
635-200, chapter 11 provides for entry level status discharges for Army
personnel.
6. Army Regulation 635-200, paragraph 3-9, mandates that separations be
described as Entry Level Status and uncharacterized if separation
proceedings are initiated while the soldier is in an entry level status.
The glossary of this regulation defines Entry Level Status as the first 180
days of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. Army Regulation 635-5 requires reservists and guardsmen who are being
released from ADT or FTTD to have “NA” entered in Item 27 of their DD Forms
214.
2. Since the applicant was on IET, which is a form of ADT, “NA” was
properly entered in Item 27 of his DD Form 214.
3. The applicant was released from active duty upon completion of his
required ADT, he was not separated for Entry Level Status. As such, the
reason and authority for his separation is correct and there is no reason
to change them. In addition, it should be noted that Entry Level Status
separation is for cause, and is therefore derogatory. A release from
active duty for completion of ADT is not derogatory.
4. Since the applicant completed more than 180 days of active duty, he was
not in an entry level status. As such, his service could not be
uncharacterized.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
___rvo___ ____lf___ ____mvt__ 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.
______________________
CHAIRPERSON
INDEX
|CASE ID |AR2003091364 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |YYYYMMDD |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |(NC, GRANT , DENY, GRANT PLUS) |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.03 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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