IN THE CASE OF:	  

		BOARD DATE:	        16 APRIL 2009

		DOCKET NUMBER:  AR20090001162 


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, in effect, that the entry of "NA" (for "Not Applicable") shown in item 27 (Reentry Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of his release from active duty on 15 July 1991 be changed to a proper reentry code. 

2.  The applicant essentially believes that his DD Form 214 that was issued on 15 July 1991, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, is in error because "NA" is not a valid reentry code for item 27 per his Army Reserve recruiter.  He also states that he contacted the Department of Veterans Affairs, who advised him to fill out a 
DD Form 149 (Application for Correction of Military Record) requesting a correction to his DD Form 214.  He further states that he is trying to return to the United States Army Reserve (USAR), and that according to his Army Reserve recruiter, all that is required for him to process back into the USAR is a revision of the entry in item 27 of his DD Form 214 from "NA" to an accurate/sanctioned reentry code.

3.  The applicant provides his DD Form 214 and a DD Form 215 (Correction of DD Form 214) for this document, his DD Form 214 (Report of Separation from Active Duty) for the period 31 January 1974 to 28 January 1977, a letter, dated 
3 November 2008, from the National Personnel Records Center, an e-mail, dated 20 November 2008, from his Army Reserve recruiter, orders, dated 4 November 1997, which honorably discharged him from the USAR on that date, and his 
4 November 1997 Honorable Discharge certificate in support of this 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 show that he enlisted in the Regular Army on 31 January 1974.  He completed initial entry training and was awarded military occupational specialty 94F (Hospital Food Service Specialist).  He was released from active duty on 28 January 1977 and transferred to the USAR Control Group (Reinforcement).  On 29 January 1977, he was voluntarily reassigned to the 6252nd U.S. Army Hospital.  He was ordered to active duty on 6 December 1990 in support of Operations Desert Shield and Desert Storm, and was released from active duty on 15 July 1991.  On 25 January 1994, he was released from the 6252nd U.S. Army Hospital due to being an unsatisfactory participant and transferred to the USAR Control Group (Reinforcement).  He was honorably discharged on 4 November 1997. 

3.  Item 27 of his DD Form 214 has an entry of "NA."

4.  Army Regulation 635-5 (Separation Documents) provides the regulatory guidance for the preparation of the DD Form 214.  The version in effect at the time of the applicant's release from active duty on 15 July 1991 provided that Reserve Component personnel being separated for other than cause would not be assigned reentry codes, and that "NA" would be entered in item 27 of the 
DD Form 214.

5.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the entry of "NA" shown in item 27 of his 
DD Form 214 should be changed to a proper reentry code. 

2.  While the applicant contends that the entry of "NA" shown in item 27 is in error, as he was a Reserve Component Soldier released from active duty other than for cause, this entry is in accordance with regulatory guidance in effect at the time of his release from active duty on 15 July 1991.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  In view of the foregoing, there is no basis for correcting item 27 of his DD Form 214.

4.  The applicant is advised to provide these proceedings to his Army Reserve recruiter to clarify why he has an entry of "NA" in item 27 of his DD Form 214, and that his eligibility for possible reentry into the Armed Forces should not be restricted simply because of this entry.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the 

United States during his military career, and wishes him well in his attempt to reenter the Armed Forces.  His desire to serve this Nation again is deeply appreciated.




      _______ _XXX   _______   ___
               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)                                         AR20090001162



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ABCMR Record of Proceedings (cont)                                         AR20090001162



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