IN THE CASE OF:
BOARD DATE: 29 December 2009
DOCKET NUMBER: AR20090012934
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect a Separation Code in block 26 and a Reentry (RE) Code in block 27.
2. The applicant states that he needs a Separation Code and RE Code entered on his DD Form 214 because he is trying to get back in the Army and needs them to continue the processing of his application.
3. The applicant provides a copy of his DD Form 214.
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. He enlisted in the United States Army Reserve (USAR) on 9 March 1992 for a period of 8 years. He was ordered to initial active duty for training on 18 August 1992 for a period of 20 weeks. He successfully completed his training and was released from active duty training at Fort Belvoir, Virginia on 15 April 1993 and was returned to his USAR unit in New Orleans, Louisiana.
3. The applicants DD Form 214 issued at the time of his relief from active duty training (ADT) based on his self-terminating orders reflects the entries NA in blocks 26 and 27 under Separation Code and Reentry Code.
4. On 15 June 1996, the applicant was transferred to the USAR Control Group (Reinforcement) due to unsatisfactory participation.
5. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that when an individual is being released from ADT and the authority for separation is self-terminating orders, the entry NA will be entered in block 26 (Separation Code). RE Codes are not applicable to Reserve Component Soldiers separated for other than cause.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. The applicant was properly released from ADT by self-terminating orders and his DD Form 214 was correctly prepared to reflect that a Separation Code and RE Code were not applicable.
3. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to change the applicants DD Form 214 at this time.
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.
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