IN THE CASE OF:
BOARD DATE: 28 June 2011
DOCKET NUMBER: AR20100030300
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 his DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 June 2002 and 6 June 2003 to change the entry in item 27 (Reentry (RE) Code) from "NA" to RE code 1 or 2.
2. He states "NA" is an invalid RE code and he needs to have it changed so he may be considered for enlistment in the Regular Army (RA) or U.S. Air Force (USAF). It is his belief the RE code "NA" was erroneously used to reflect "inactive" Reserve status.
3. He provides a copy of his DD Forms 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. On 23 January 2002, the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 8 years.
3. His record contains two DD Forms 214.
a. The DD Form 214 for the period ending 28 June 2002 shows in:
* item 23 (Type of Separation) - Release from active duty training
* item 27 (Reentry Code) - NA
* item 28 (Narrative Reason for Separation) - Completion of required active service
b. The DD Form 214 for the period ending 6 June 2003 shows in:
* item 23 - Release from active duty
* item 27 - NA
* item 28 - Completion of required active service
4. On 21 May 2005, the Commander, 89th Regional Readiness Command, Wichita, KS, approved the applicant's separation from the USAR under the provisions of Army Regulation 135-178 (Army National Guard and Army Reserve - Enlisted Administrative Separations), paragraph 12-1, for serious misconduct by abuse of illegal drugs. He was discharged accordingly on 23 May 2005 with a general discharge under honorable conditions.
5. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214.
a. The regulation states each block of the form must have an entry; when data is not applicable, enter NA, NONE, or hyphens, as appropriate.
b. The regulation states for item 27, Army Regulation 601-210 (Active and Reserve Components (RC) Enlistment Program) 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 the USMA from active duty status, or to RC Soldiers being separated for other than cause.
DISCUSSION AND CONCLUSIONS:
1. The applicant was a member of the USAR who was released from active duty twice by reason of completion of required active service.
2. He was not released from active duty for cause; therefore, RE codes were not applicable to him. Accordingly, as prescribed by the governing regulation, each DD Form 214 appropriately contains the entry "NA" in item 27.
3. It appears he may have been given inaccurate information leading him to believe the absence of RE codes on his DD Forms 214 is preventing his enlistment in the RA or USAF. The real barrier is likely the fact that he was discharged from the USAR for abuse of illegal drugs. Regardless of that likelihood, if he chooses to continue to pursue reentry into military service he may use these Proceedings as evidence to show that the "NA" entries on his
DD Forms 214 he was issued in 2002 and 2003 are correct.
4. 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) AR20100030300
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ABCMR Record of Proceedings (cont) AR20100030300
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