IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120001510
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 he be issued a Reentry (RE) Code.
2. The applicant states that he does not have a RE Code on his DD Form 214 (Certificate of Release of Discharge from Active Duty).
3. The applicant provides a copy of his DD Form 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. The applicant enlisted in the U.S. Army Reserve (USAR) on 17 August 2006 for a period of 8 years, assignment to an aviation maintenance unit in Fort Worth, Texas, training as an automated logistical specialist, and a $9,000 enlistment bonus.
3. He was ordered to active duty training on 28 June 2007. He completed his basic training at Fort Knox, Kentucky and his advanced individual training at Fort Lee, Virginia before being released from active duty training on 26 November 2007 due to completion of required active service. He had served 4 months and 29 days of active service and his service was uncharacterized. He was not issued an RE Code.
4. He was returned to his USAR unit in Fort Worth and on 16 October 2008 he was discharged from the USAR under honorable conditions.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that RE Codes will not be issued for Reserve Component personnel unless they are being discharged for cause.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been issued an RE Code has been noted and found to lack merit.
2. The applicant was a Reserve Component Soldier who was being released from active duty training. Accordingly, he was not authorized to be issued an RE Code for that period of service.
3. Therefore, in the absence of evidence to show that an error or injustice exists in his case, there appears to be no basis to grant 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 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) AR20120001510
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ABCMR Record of Proceedings (cont) AR20120001510
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