IN THE CASE OF:
BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120006044
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) code to a more favorable code.
2. The applicant states the RE code of "NA" that is shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) is in error.
3. The applicant provides a copy of his DD Form 214 in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant had prior honorable active duty service in the Regular Army (RA) from 8 November 1990 through 8 September 1992.
2. The applicant enlisted in the U.S. Army Reserve (USAR) on 19 October 1998 for a period of 6 years. He reenlisted in the USAR on 15 October 2004.
3. He was ordered to active duty on 17 November 2009 in support of Operation Iraqi Freedom.
4. The applicant's DD Form 214 shows he was honorably released from active duty (REFRAD) on 3 December 2010 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4, based on completion of required active service and transferred to the 287th Transportation Company (Combat Heavy Equipment Transporter), Anniston, AL (USAR). It also shows in item 27 (Reentry Code): "NA."
5. A review of the applicant's military personnel records failed to reveal evidence of any disciplinary actions, adverse information, or a bar to reenlistment during the period of service under review.
6. Headquarters, 81st Regional Support Command, Fort Jackson, SC, Orders 11-129-00002, dated 9 May 2011, honorably discharged the applicant from the USAR effective 14 May 2011.
7. 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 and contains item-by-item instructions for completing the DD Form 214. It shows for item 27 that Army Regulation 601-210 (Active and Reserve Components Enlistment Program) determines RA and USAR reentry eligibility and provides regulatory guidance on the RE codes. These codes are not applicable to Reserve Component Soldiers being separated other than for cause.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his RE code of "NA" should be changed to a more favorable RE code.
2. Records show the applicant was serving in the USAR, ordered to active duty on 17 November 2009, REFRAD based on completion of required active service on 3 December 2010, and transferred to a USAR unit to complete his Reserve enlistment commitment.
3. The evidence of record shows that RE codes are not applicable to Reserve Component Soldiers being separated from active duty, except those separated for cause.
4. Thus, the entry "NA" that is shown in item 27 of the applicant's 3 December 2010 DD Form 214 is correct.
5. Therefore, 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.
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