IN THE CASE OF:
BOARD DATE: 28 MAY 2009
DOCKET NUMBER: AR20090002514
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 reentry eligibility (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) from "NA" to "RE-1" which would allow him to enlist in the Regular Army.
2. The applicant states that he needs his RE code corrected so he may enlist in the Regular Army.
3. The applicant provides a copy of his U.S. Navy DD Form 214, dated 13 September 2003, and a copy of his U.S. Army DD Form 214, dated 11 January 2009, in support of his application.
CONSIDERATION OF EVIDENCE:
1. With prior service in the U.S. Navy, the applicant's record shows he enlisted in the Michigan Army National Guard (ARNG) in the rank/grade of specialist/E-4 for a period of 3 years on 7 April 2004. He was awarded military occupational specialty 31B (Military Police) and was assigned to the 46th Military Police Company, Kingsford, MI.
2. On 9 July 2006, the applicant was ordered to active duty as a member of his unit in support of Operation Iraqi Freedom and served in Iraq for an unknown period. His records also show he remained on active duty under the Reserve Component Medical Holdover Medical Retention Processing Program. He was honorably released from active duty to the control of his ARNG unit on 11 January 2009.
3. The DD Form 214 he was issued shows he completed 2 years, 6 months, and 3 days of creditable active military service. Item 27 (Reentry Code) of his DD Form 214 shows the entry "NA."
4. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and is prepared for all personnel at the time of their retirement, discharge, or release from active duty. The RE code is governed by Army Regulation 601-210 (Active and Reserve Components Enlistment Program) which determines Regular Army and U.S. Army Reserve reentry eligibility and provides regulatory guidance on the RE codes. These codes are not applicable to officers, U.S. Military Academy (USMA) cadets who fail to graduate or enter USMA from active duty status, or to Reserve Component Soldiers being separated for other than cause.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his RE code should be changed from "NA" to "RE-1."
2. The evidence of record shows that the applicant was an Army National Guardsman who was mobilized on 9 July 2006 in support of Operation Iraqi Freedom. Upon completion of his mobilization he was discharged on 11 July 2009 for completion of required service in accordance with chapter 4 of Army Regulation 635-200. There is no evidence that he was released from active duty for cause. Accordingly, there was no legal requirement to assign the applicant an RE code.
3. The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits. The applicant is advised that if he desires to enlist, he should contact a local recruiter who can best advise him on his eligibility for returning to military service. He should advise those individuals that the entry "NA" on his DD Form 214 was entered in accordance with the governing regulation and should not be considered as a negative reflection of the character of his service while on active duty or on his reenlistment eligibility.
4. 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 this requirement. Therefore, there is insufficient evidence to grant him the requested 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.
__________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.
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