BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120011178
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 his DD Form 214 for the period ending 12 June 2008 be corrected by changing his reentry eligibility (RE) code to a code that will allow him to enlist in the Air Force.
2. The applicant states his DD Form 214 was issued upon his return from mobilization to Kuwait while serving as a member of the Virginia Army National Guard (VAARNG) and he believes an error was made during his demobilization at Camp Shelby, Mississippi.
3. The applicant provides a copy of his DD Form 214 and mobilization orders.
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 applicant's 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 applicant's 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 Regular Army on 2 April 1997 and served on active duty as an infantryman until he was honorably released from active duty (REFRAD) on 29 July 2001 due to completion of required service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).
3. On 7 August 2002, he enlisted in the VAARNG and he was ordered to active duty in support of Operation Enduring Freedom on 1 March 2004. He served in Afghanistan from 10 July 2004 to 11 July 2005. On 22 August 2005, he was honorably REFRAD to the control of his VAARNG unit. His DD Form 214 for this period shows he was issued an RE code of "NA [not applicable]."
4. On 21 August 2007, he was ordered to active duty in support of Operation Iraqi Freedom and he served in Kuwait and Iraq from 28 September 2007 to 3 May 2008. On 12 June 2008, he was honorably REFRAD to the control of the VAARNG. His DD Form 214 for this period shows he was issued an RE code of "NA."
5. On 15 February 2009, he was honorably discharged from the VAARNG and the USAR due to the expiration of his term of service. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) issued at the time of his discharge shows he was issued an RE code of "1."
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that RE codes are not applicable to Reserve Component Soldiers being separated for other than cause.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his RE code should be changed to a code that will allow him to enlist in another service has been noted.
2. Army Regulation 635-5 provides that an RE code will not be issued to Reserve Component Soldiers unless they are being separated for cause (misconduct, hardship, pregnancy, etc.).
3. Accordingly, there appears to be no error or injustice in his case and therefore is no reason to grant his request to issue him an RE code.
4. However, the applicant is advised that he should present all of his separation documents, especially his NGB Form 22, to recruiters when he attempts to enlist.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X__ __X______ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
____________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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