IN THE CASE OF:
BOARD DATE: 8 November 2012
DOCKET NUMBER: AR20120008154
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show item 27 (Reentry (RE) Code) as "1" vice "3."
2. The applicant states he was given an RE code of 3 at the time he was discharged. He was never counseled or advised that he was entitled to dispute this prior to signing his DD Form 214. This was imposed a week before he was due to go on terminal leave and he does not think it is correct.
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Connecticut Army National Guard (CTARNG) on 12 April 2004 for a period of 6 years. His expiration of term of service (ETS) date was 11 April 2010 and his Reserve obligation termination date was 11 April 2012.
2. He held military occupational specialty (MOS) 11 B (Infantryman) and MOS 31B (Military Police (MP) Dog Handler). He was assigned to the 1st Battalion, 102nd Infantry, New Britain, CT.
3. On 27 February 2008, he extended his enlistment in the CTARNG for a period of 1 year. His new ETS date was 11 April 2011.
4. Orders 059-067, dated 28 February 2008, issued by the Office of the Adjutant General, Hartford, CT, ordered him to full-time National Guard duty in an Active Guard/Reserve (AGR) status, effective 1 March 2008, for a period of 3 years with an end date of 28 February 2011. He was assigned to the 11th MP Detachment, Newtown, CT.
5. On 18 September 2008, he was promoted to the rank/grade of sergeant (SGT)/E-5.
6. He was honorably released from active duty on 28 February 2011 in the rank of SGT by reason of completion of required active service. He completed 3 years of net active service during this period of service.
7. Item 18 (Remarks) of the DD Form 214 he was issued contains the entry "SOLDIER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."
8. Item 27 contains the entry "RE-3."
9. On 11 April 2011, he was honorably discharged from the ARNG in the rank of SGT and transferred to the U.S. Army Reserve (USAR) Control Group (IRR (Individual Ready Reserve)).
10. On 17 April 2012, he was honorably discharged from the USAR.
11. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states in item 18 of the DD Form 214, enter the mandatory entry of "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE." If the narrative reason for separation on the DD Form 214 is "completion of required active service," then enter "has." In item 27 enter the RE code; these codes are not applicable (NA) to Reserve Component Soldiers being separated for other than cause.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was released from active duty on 28 February 2011 by reason of completion of required active service. As he was an ARNG Soldier, the RE code did not apply. Item 27 of his DD Form 214 should contain the entry "NA" and not "RE-3." Therefore, he is entitled to the correction of his DD Form 214 accordingly.
2. In addition, as he had completed his required active service, item 18 of his DD Form 214 should contain the entry "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE." Therefore, he is entitled to correction of his DD Form 214 accordingly.
3. With respect to the correction of his DD Form 214 to show his RE Code as "1," the evidence of record confirms the RE code was not applicable and the entry should be NA. Therefore, he is not entitled to full relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X __ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 28 February 2011 as follows:
* delete from item 18 the entry "SOLDIER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE" and replace it with the enry "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE"
* delete the entry in item 27 and replace it with the entry "NA."
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show his RE code as 1.
_______ _ 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) AR20120008154
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ABCMR Record of Proceedings (cont) AR20120008154
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