BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100012159 


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 item 27 (Reentry [RE] Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 April 1991.

2.  The applicant states he was recently exploring his options to reenter the U.S. Army and he was told by a recruiter that his RE code is in error.  He also states he was reactivated for Operation Desert Storm and he was honorably discharged.  He adds he would like to reenter the military service because he is unemployed with a wife and kids.

3.  The applicant provides copies of two DD Forms 214 and a DD Form 215 (Correction to 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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) for a period of 8 years on 22 September 1987.  He was discharged from the USAR DEP on 24 September 1987 and on 25 September 1987 he enlisted in the Regular Army (RA) for a period of 3 years.  Upon completion of training he was awarded military occupational specialty 88M (Motor Transport Operator).

3.  The applicant's DD Form 214 for the period ending 24 September 1990 shows he was honorably released from active duty (REFRAD) by reason of expiration of term of service.  He was transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.  This DD Form 214 shows:

   a.  he completed 3 years of net active service;

   b.  in Item 2 (Department, Component and Branch) the entry "Army/RA"; and
   
   c.  in Item 27 (Reentry Code) the entry "RE-3, 3C."

4.  Headquarters, Army Reserve Personnel Center, St. Louis, MO, Western Union Mailgram, dated 20 January 1991, shows the applicant was relieved from his present Reserve Component (RC) status [Reinforcement], and ordered to active duty as an RC mobilization asset on 31 January 1991 pursuant to Presidential Executive Order of 18 January 1991 per Order Number
M-12-116424, dated 20 January 1991, for a period not to exceed 12 consecutive months.

5.  Headquarters, 24th Infantry Division (Mechanized), Fort Stewart, GA, Orders 74-33, dated 9 April 1991, show the applicant was REFRAD effective 19 April 1991.  The "For Army Use" section shows "COMP [Component]: USAR.”

6.  The applicant's DD Form 214 for the period ending 19 April 1991, as corrected by a DD Form 215 dated 17 December 1991, shows the applicant entered active duty on 31 January 1991.  He was honorably REFRAD on 19 April 1991 by reason of expiration of term of service and he was transferred to the USAR Control Group (IRR) [Individual Ready Reserve] to complete his Reserve obligation.  The DD Form 214, as corrected by a DD Form 215, shows:

   a.  he completed 2 months and 19 days of net active service this period,
3 years of total prior active service, and 4 months and 6 days of total prior inactive service;
   b.  in Item 2 the entry "Army/USAR";

   c.  in Item 18 (Remarks) the entry, in pertinent part, "…//Ordered to Active Duty in Support of Operation Desert Shield/Storm IAW [in accordance with] 10 USC 673 [Title 10, U.S. Code, section 673]//Served in SWA [Southwest Asia] 910215 to 910326"; and

   d.  in Item 27 the entry "NA."

7.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program), in pertinent part, provides 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.  This Army regulation also provides that prior-service Army personnel will be advised that RE codes may be changed only if they are determined to be administratively incorrect.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  

   a.  Chapter 2, Table 2-1 (DD Form 214 - Preparation Instructions), contains item-by-item instructions for completing the DD Form 214.

   b.  Item 27 states Army Regulation 601-210 determines reentry eligibility and regulates the assignment of the RE code.  To determine the appropriate
RE code, review the Military Personnel Records Jacket and refer to Table 2-3 (Separation Program Designator/RE Code Cross Reference Table).  More than one RE code may apply, but only one code will be assigned in the order of priority shown in the steps of the table.  It also states, "Reserve Component personnel being separated for other than cause will not be assigned RE codes.  Enter 'NA'" [the Army regulation's emphasis].

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the RE code of "NA" shown on his DD Form 214 for the period ending 19 April 1991 should be corrected because he was told by a recruiter the RE code is in error and he would like to reenter the U.S. Army.

2.  The evidence of record shows the applicant was a member of the RA when he was honorably REFRAD on 24 September 1990, issued an RE code of "RE-3, 3C," and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.
3.  The evidence of record shows the applicant was released from the USAR (Reinforcement) and ordered to active duty as a USAR mobilization asset on
31 January 1991.  The evidence of record also shows he was a member of the USAR when he was honorably REFRAD on 19 April 1991, "NA" was entered in item 27 of his DD Form 214 for this period, and he was transferred to the USAR Control Group (IRR) to complete his Reserve obligation.

4.  The evidence of record further shows the governing Army regulation states that RC [USAR] personnel being separated for other than cause will not be assigned RE codes and that "NA" will be entered in item 27 of the DD Form 214.  Thus, the evidence of record confirms that the entry in item 27 of the applicant's DD Form 214 for the period ending 19 April 1991 is correct as shown.

5.  The ABCMR does not change entries on a former Soldier's DD Form 214 solely to enhance his or her eligibility to reenter the U.S. Army.

6.  In view of the foregoing, there is no basis for granting the applicant's 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.



      __________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)                                         AR20100012159



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ABCMR Record of Proceedings (cont)                                         AR20100012159



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