IN THE CASE OF:
BOARD DATE: 18 August 2011
DOCKET NUMBER: AR20110001297
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 reentry eligibility (RE) and separation program designator (SPD) codes shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states that upon inquiring about reentering the U.S. Army, he was informed by a representative from the U.S. Army Recruiting Command that his RE and SPD codes of "NA" were incorrect.
3. He provides his DD Form 214 and an e-mail, dated 3 November 2010.
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's record shows he was appointed as a Reserve commissioned officer in the rank of second lieutenant on 23 May 1992. He was ordered to active duty for Officer Basic Course attendance on 25 July 1992.
3. His DD Form 214 shows he was honorably released from active duty for training on 11 November 1992. Item 25 (Separation Authority) shows he separated on "self-terminating orders." Item 26 (Separation Code) shows he was assigned an SPD code of "NA" and item 27 (Reentry Code) shows an RE code of "NA." He was credited with completing 3 months and 17 days of active service.
4. He provided an e-mail from a recruiter stating that "NA" listed in items 26 and 27 of the applicant's DD Form 214 is incorrect.
5. Army Regulation 635-5 (Separation Documents), establishes standardized policy for preparing and distributing the DD Form 214. This regulation states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation states to enter "NA" in item 26 when the authority in item 25 is listed as self-terminating orders. It also states that RE codes are not assigned to officers and to enter "NA" in item 27.
DISCUSSION AND CONCLUSIONS:
1. As cited in Army Regulation 635-5, the entry of "NA" will be recorded in item 26 when the authority in item 25 is listed as self-terminating orders. Additionally, the regulation confirms that officers are not assigned an RE code and "NA" will be entered in item 27. Therefore, there is no error in the applicant's DD Form 214 and it is correct as constituted.
2. In view of the foregoing, there is no basis for granting his request.
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 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) AR20110001297
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ABCMR Record of Proceedings (cont) AR20110001297
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