IN THE CASE OF:	  

		BOARD DATE:	       23 December 2008

		DOCKET NUMBER:  AR20080011516 


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 that the characterization of service on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from “uncharacterized” to “honorable” and the reenlistment eligibility (RE) code be changed from "NA" to "RE-1." 

2.  The applicant states that she was honorably discharged and was given an Honorable Discharge Certificate.  She needs her DD Form 214 to show her honorable character of service as well as RE-1 code, similar to what her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows. 

3.  The applicant provided a copy of her DD Form 214, dated 14 June 1991, and a copy of her NGB Form 22, dated 15 May 1992, in support of her 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’s military records are not available to the Board for review.  However, there are sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's NGB Form 22 shows she enlisted in the Connecticut Army National Guard (CTARNG) on 9 November 1990.  She was assigned to Company A (Supply), 143rd Forward Support Battalion (FSB), Torrington, CT.

4.  The applicant's DD Form 214 shows she entered active duty for training (ADT) on 21 February 1991.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 76X (Subsistence Supply Specialist).  She was released from ADT to the control of her ARNG unit on 14 June 1991.

5.  The DD Form 214 she was issued at the time of her release from ADT shows she completed 3 months and 24 days of active service.  Item 24 (Character of Service) of this form shows the entry "Uncharacterized" and Item 27 (Reentry Code) shows the entry "NA." 

6.  On 15 May 1992, the applicant was honorably discharged from the CTARNG by reason of moving to an area where a paid drill unit of the ARNG was not within reasonable commuting distance.  She was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of her military service obligations.  

7.  The NGB Form 22 she was issued shows she completed 1 year, 6 months, and 10 days of ARNG service.  Item 24 (Character of Service) of this form shows the entry "Honorable" and Item 26 (Reenlistment Eligibility) of this form shows the entry "RE-1." 

8.  Army Regulation (AR) 635-200 (Personnel Separations), in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 3 of that regulation describes the different types of characterization of service.  It states in pertinent part that an uncharacterized separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when The Secretary of the Army, on a case-by-case basis, determines that characterization of service as Honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  Entry level status begins on enlistment in the ARNG or the USAR and, for Soldiers ordered to initial ADT for one continuous period, ends 180 days after beginning training.  

9.  AR 635-200 states, in pertinent part, 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.  AR 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the USAR.  Interim change 12 of this regulation (applicable at the time of the applicant's discharge) prescribed basic eligibility for prior-service applicants for enlistment.  Table A-2 included a list of the RA reenlistment eligibility codes.  RE-1 applied to Soldiers who completed their term of active service who were considered qualified to reenter the U.S. Army.  RE-3 applied to those individuals who were not qualified for reenlistment, but their disqualification was waivable.  RE-4 applied to Soldiers separated from last period of service with a nonwaivable disqualification.  RE-4R applied to Soldier who retired for length of service. 

10.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states "NA" is entered in Item 27 of the DD Form 214 for Reserve Component enlisted personnel in the following categories who are not separated for cause:  Initial Active Duty for Training (IADT), Active Duty for Training (ADT), Active Duty for Special Work (ADSW), Temporary Tour of Active Duty (TTAD), Presidential Call Up, U.S. Army Reserve Active Guard Reserve (USAR AGR), and Army National Guard of the United States Active (ARNGUS) AGR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the characterization of service on her DD Form 214 should be changed from “uncharacterized” to “honorable” and her RE code should be changed from "NA" to "RE-1."

2.  During the first 180 days of continuous active military service, a member's service is under review.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other-than-honorable conditions discharge.  An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army.  
3.  The entry-level separation is given regardless of the reason for separation. This uncharacterized discharge is neither positive nor negative; it is not "derogatory."  It simply means the Soldier did not serve long enough to qualify for a specified characterization of service.

4.  With respect to the RE code, at the time of the applicant's separation, the "NA" entry in the RE block of the DD Form 214 was the appropriate entry for a Reserve Component Soldier separated from ADT or IADT.  Therefore, the "NA" entry on the applicant's DD Form 214 requires no correction.

5.  The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy that requirement in this case.  Therefore, she is not entitled to relief.

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.



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               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)                                         AR20080011516



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ABCMR Record of Proceedings (cont)                                         AR20080011516



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