IN THE CASE OF:
BOARD DATE: 26 May 2011
DOCKET NUMBER: AR20100027498
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 changed from "NA" (Not Applicable) to an RE-1.
2. The applicant states he served his country in good faith and he twice deployed to a combat zone. During his second deployment, he attained the rank/grade of sergeant/E-5, served as a squad leader, and maintained his personnel and equipment. He desires to reenter military service.
3. The applicant provides his DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending on 23 July 2007 and 1 October 2009.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army (RA) on 24 July 2002 and held military occupational specialty 31B (Military Police). He served in staff or leadership positions and attained the rank/grade of sergeant/E-5.
2. He was honorably released from active duty on 23 July 2007 under the provisions of chapter 4 of Army Regulation 635-200 (Personnel Separations) by reason of completion of his required active service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.
3. His DD Form 214 for this period of service shows he completed 5 years of creditable active military service and he received an RE-1.
4. On 7 September 2008, he was ordered to active duty in support of Operation Iraqi Freedom. He served with the 211th Military Police Company in Iraq from 5 December 2008 to 2 September 2009.
5. He was honorably released from active duty on 1 October 2009 under the provisions of chapter 4 of Army Regulation 635-200 by reason of completion of his required service. His DD Form 214 for this period of service show in:
* item 26 (Separation Code) - the entry "MBK"
* item 27 (Reentry Code) - the entry "NA"
6. He was ultimately discharged from the USAR on 27 July 2010 after having completed his military service obligation.
7. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and USAR. Table 3-1 included a list of the RA RE codes. A code of "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.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states that item 27 reflects the RE code. Army Regulation 601210 determines RA and USAR reentry eligibility and provides regulatory guidance on the RE codes. 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:
1. The applicant was in the USAR Control Group (Reinforcement) when he was ordered to active duty. Upon completion of his active service, he was honorably released from active duty back to the USAR Control Group (Reinforcement). By regulation, an RE code is not applicable in his case.
2. The applicant's patriotism and combat service are not in question. However, his DD Form 214 for the period ending on 1 October 2010 appropriately shows the correct entry in the RE code block.
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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