IN THE CASE OF:
BOARD DATE: 15 September 2011
DOCKET NUMBER: AR20110004888
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 a change to his reentry eligibility (RE) code.
2. The applicant states his chain of command instructed him to contact a legal support organization for counseling. He states he did as he was instructed he talked to Sergeant B____ to get an appointment for counsel, but the legal support organization never called him back. He concludes by stating he was still discharged despite his efforts to do what he was instructed to do.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 10 May 2008.
2. On 2 June 2008, he entered active duty at Fort Jackson, SC, for the purpose of attending basic combat training. On 9 August 2008 upon completion of training, he was released from active duty to his USAR troop program unit (TPU).
3. On 29 July 2009, he entered active duty at Fort Lee, VA, for the purpose of attending advanced individual training (AIT). On 24 September 2009, he completed training, was awarded military occupational specialty 92Y (Unit Supply Specialist), and he was released from active duty and reassigned to his USAR TPU. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 1 month and 26 days of net active service during this period of active duty and 2 months and 8 days of prior active service. This form also shows in:
* item 24 (Character of Service) Honorable
* item 26 (Separation Code) MBK
* item 27 (Reentry Code) NA
* item 28 (Narrative Reason for Separation) COMPLETION OF REQUIRED ACTIVE SERVICE
4. Orders 10-243-00090, Headquarters, 81st Regional Support Command, Fort Jackson, SC, dated 31 August 2010, discharged him from the USAR under the provisions of Army Regulation 135-178 (Army National Guard and Army Reserve Enlisted Administrative Separations) effective 5 September 2010.
5. The applicant submitted a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) to the Army Discharge Review Board (ADRB) for an upgrade of his discharge. His case is pending.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and is prepared for all personnel at the time of their retirement, discharge, or release from active duty. As stated in paragraph 2-4h(27), Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides regulatory guidance for Regular Army, USAR, and Army National Guard RE and RE codes. However, 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 Reserve Component Soldiers being separated for other than cause.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he was a USAR Soldier who was separated from active duty upon completion of AIT. There is no evidence he was released from active duty for cause. Accordingly, there was no requirement to assign him an RE code.
2. The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits. The applicant is advised that if he desires to enlist, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.
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) AR20090000724
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110004888
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