IN THE CASE OF:
BOARD DATE: 30 March 2010
DOCKET NUMBER: AR20100010737
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 her reentry eligibility (RE) code from an RE-3 to an RE-1.
2. The applicant states that she had no negative actions that would have prevented her from continuing her service on active duty and believes the RE-3 code was an administrative error.
3. The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 26 June 2009; a copy of U.S. Army Human Resources Command (HRC), St. Louis, Orders C-05-990376, dated 20 May 2009; a copy of a memorandum from her officer in charge, dated 19 February 2010; and a copy of a memorandum from her current commander, dated 24 February 2010.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show she enlisted in the California Army National Guard (ARNG) on 26 September 1989. She served through multiple extensions or reenlistments in the ARNG, held military occupational specialties 76P (Materiel Control Specialist) and 42A (Human Resources Specialist), and attained the rank/grade of sergeant/E-5.
2. Her records also show she transferred to the U.S. Army Reserve (USAR) on an unknown date.
3. On 16 October 2004, she entered active duty in the Active Guard Reserve (AGR) program and was initially assigned to the 478th Transportation Company, Oceanside, CA.
4. Her records show was promoted to staff sergeant/E-6 on 1 April 2005 and served in Iraq with the 96th Military Police Battalion from 8 August 2005 to on or about 1 October 2006.
5. On 7 November 2008, she executed a 6-year enlistment in the USAR. She was assigned to the 88th Regional Readiness Command, Fort Snelling, MN.
6. On 19 April 2009, she submitted a request for voluntary release from the AGR program due to accepting a Federal government position with the U.S. Embassy in Trinidad.
7. On 20 May 2009, HRC-St. Louis published Orders C-05-990376 directing her release from active duty (REFRAD) effective 26 June 2009 and transfer to the USAR Control Group (Reinforcement).
8. She was honorably REFRAD on 26 June 2009. Her DD Form 214 shows she was REFRAD under the provisions of chapter 4 of Army Regulation 635-200 (Personnel Separations) by reason of completion of her required active service. This form further confirms she completed 4 years, 8 months, and 11 days of creditable active military service during this period. Item 26 (Separation Code) shows the entry "MBK" and item 27 (Reentry Code) shows the entry "3."
9. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. It states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the USAR. Table 3-1 includes a list of the Regular Army RE codes. An RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. They are qualified for enlistment if all other criteria are met. An RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable. However, those individuals are ineligible unless a waiver is granted.
10 Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states that item 27 shows the RE code. It also states 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:
The evidence of record confirms she was a member of the USAR serving on active duty in an AGR status. She was honorably REFRAD on 26 June 2009 and she was transferred to the USAR Control Group (Reinforcement). It appears that her RE code was incorrectly entered as RE-3. It should have been NA [not applicable] since she was a USAR Soldier who was not separated for cause. Therefore, she is entitled to correction of her DD Form 214 to show the entry "NA" in item 27 of her DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
_X_____ ____X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "3" from item 27 of her DD Form 214 for the period ending 26 June 2009 and replacing it with the entry "NA."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to RE-1.
____________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) AR20100010737
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