IN THE CASE OF:
BOARD DATE: 1 December 2009
DOCKET NUMBER: AR20090011858
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 November 2007 to show a reentry eligibility (RE) code which would allow enlistment.
2. The applicant states that he has been unable to get back into the military because "N/A" is reflected in item 27 (Reentry Code) on his DD Form 214. He states that his character of service was honorable, his separation code is reflected as MBK, and his narrative reason for separation was for completion of required active service. He states that an RE code should be issued accordingly.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he was member of the California Army National Guard (CAARNG) when he entered on active duty on 24 May 2005 as a member of the ARNG.
2. After completing 2 years, 5 months, and 21 days of net active service this period, the applicant was honorably released from active duty (REFRAD) on 14 November 2007, under the provisions of Army Regulation 635-200, chapter 4,
upon completion of his required active service and he was transferred to his ARNG unit.
3. The DD Form 214 that he was furnished at the time of his REFRAD shows that he was furnished an MBK (Completion of Required Service) separation code and his RE code is reflected as "N/A."
4. The applicant's records show that he is currently a member of the CAARNG.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of REFRAD or discharge. It also states that Army Regulation 601-210 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, United States 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 DD Form 214 for his period of active service ending 14 November 2007 should be corrected to show an RE code which would allow enlistment. However, in accordance with the applicable regulation, RE codes are not applicable to Reserve Component Soldiers being separated for other than cause.
2. The applicant was not being separated from the service for cause. He was furnished a DD Form 214 because he was a member of the ARNG and he was being REFRAD and transferred to this ARNG unit. Therefore, he was properly not furnished an RE code. The N/A does not indicate a reenlistment disqualification. He may provide a copy of this Record of Proceedings to any official who may tell him otherwise.
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.
_______ _ 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) AR20090011858
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ABCMR Record of Proceedings (cont) AR20090011858
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