IN THE CASE OF:
BOARD DATE: 16 November 2010
DOCKET NUMBER: AR20100012826
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 reentry eligibility (RE) code be corrected to RE-1.
2. The applicant states a recruiter advised him that his RE code should be RE-1, not "NA" as shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 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) on 6 June 1988. He was ordered to active duty as a Practical Nurse Trainee on 15 March 1989.
3. The only documentation in the applicant's integrated Personnel Electronic Records Management System record relate to his enlistment.
4. His DD Form 214 shows he was released from active duty and returned to his USAR unit on 22 February 1990. The reason for his separation is shown as "failure to complete period of AIT." The DD Form 214 shows an RE code entry of "NA."
5. Army Regulation 635-5 (Separation Documents) states that Army Regulation 601-210 determines Regular Army and USAR reentry eligibility and provides regulatory guidance for RE codes. It specifically states that for Reserve Component Soldiers who are separated for other than cause, an entry of "NA" is to be entered in block 27 (Reentry Code) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant states a recruiter advised him that his RE code should be RE-1, not "NA" as shown on his DD Form 214.
2. The applicant failed to complete his period of AIT and was released from active duty to the control of the USAR. He was not separated for cause. The entry in block 27 is proper.
3. 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.
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) AR20100012826
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100012826
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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