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ARMY | BCMR | CY2011 | 20110019984
Original file (20110019984.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  12 April 2012

		DOCKET NUMBER:  AR20110019984 


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 amendment of her reentry eligibility (RE) code from "NA" to "1."

2.  The applicant states she completed her required period of active duty service and received an honorable characterization of service.

3.  The applicant provides copies of the member copy 1 and member copy 4 versions of her DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant, a U.S. Army Reserve (USAR) Soldier with about 22 months of total service, was ordered to active duty for a period not to exceed 365 days in support of Operation Iraqi Freedom effective 29 February 2008.  The orders were amended to show a reporting date of 25 April 2008.

2.  The applicant's DD Form 214 shows:

* active duty service from 25 April 2008 through 23 April 2010
* no foreign service
* ordered to active duty in support of Operation Iraqi Freedom from 25 April 2008 through 24 April 2009
* ordered to active duty in support of Operation Enduring Freedom from 25 April 2009 through 24 April 2010
* transfer to the USAR Control Group (Reinforcement)
* type of separation – release from active duty
* separation program designator – MBK (completion of required active service)
* RE code – "NA"

3.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) states personnel released from active duty and transferred to the USAR upon completion of the term of service for which they were ordered into active Federal service or released to their Reserve Component (RC) upon completion of active duty will revert to the control of the appropriate RC.

4.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states the RE code entry is governed by Army Regulation 601-210 (Active and Reserve Components Enlistment Program).

5.  Army Regulation 601-210 prescribes eligibility criteria governing the enlistment and reenlistment of persons in the Regular Army and USAR, including regulatory guidance on RE codes.  It states these codes are not applicable to RC Soldiers who are not being separated for cause.

DISCUSSION AND CONCLUSIONS:

1.  As an RC Soldier, the applicant was called to active duty and served for 2 years.  On completion of this period of service, she was transferred to the USAR Control Group (Reinforcement) to continue her service in the USAR.

2.  Since the applicant was not released from active duty for cause, assignment of an RE code is not appropriate and no relief is warranted.

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)                                         AR20110019984



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ABCMR Record of Proceedings (cont)                                         AR20110019984



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