IN THE CASE OF:
BOARD DATE: 01 October 2009
DOCKET NUMBER: AR20090007527
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 item 27 (Reentry Code) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 April 2005 be corrected.
2. The applicant states that item 27 of her DD Form 214 for the period ending 15 April 2005 shows the entry "NA" [not applicable] and it should read "3." She contends that it was an oversight.
3. The applicant provides no documentary evidence 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant entered active duty on 5 April 1994 in an Army National Guard Active Guard Reserve (AGR) status. She trained as unit supply specialist, a military policewoman, and a human resources specialist.
3. The facts and circumstances surrounding the applicants discharge are not contained in the available records. However, the applicant's DD Form 214 for the period ending 15 April 2005 shows she was released from active duty for misconduct. She had served a total of 11 years, 4 months, and 15 days of creditable active service.
4. Item 25 (Separation Authority) of the applicant's DD Form 214 for the period ending 15 April 2005 shows the entry "ORDERS OTAG 077-999 DTD 18 MARCH 2005." Item 26 (Separation Code) of this DD Form 214 shows the entry "JKA." Item 27 of this DD Form 214 shows the entry "NA." Item 28 (Narrative Reason for Separation) of this DD Form 214 shows the entry "INVOLUNTARY RELEASE FROM AGR (MISCONDUCT)."
5. Pertinent Army regulations provide that prior to discharge or release from active duty individuals will be assigned reentry eligibility (RE) codes based on their service records or the reason for discharge. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior-service applicants for enlistment. That chapter includes a list of Armed Forces RE codes.
6. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
7. The Separation Program Designator (SPD) Code/RE Code Cross Reference Table, dated 31 March 2003, shows that when the SPD is "JKA," then an RE code of 3 will be given.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation states, in pertinent part, that RE codes are not applicable to Reserve Component Soldiers being separated for other than cause.
DISCUSSION AND CONCLUSIONS:
Item 27 of the applicant's DD Form 214 incorrectly shows the entry "NA." The evidence of record shows that, because she was separated for cause, the applicant's RE code should be "3." Therefore, it would be appropriate to correct item 27 of her DD Form 214 to show the entry "3."
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:
a. deleting the entry from item 27 of her DD Form 214 for the period ending 15 April 2005 and
b. adding the entry "3" in item 27 of this DD Form 214.
____________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) AR20090007527
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