IN THE CASE OF:
BOARD DATE: 24 October 2013
DOCKET NUMBER: AR20130003320
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 change of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 June 2009 to show his reentry eligibility (RE) code as "1" instead of "NA."
2. The applicant states item 27 (RE Code) of his DD Form 214 has a reentry code of "N/A" and he thinks this should read "1." He believes this was a clerical error that was overlooked until his reenlistment recruiter discovered the error.
3. The applicant provides 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 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 11 January 2001 and held military occupational specialty 91X (Mental Health Specialist).
3. His record contains a DA Form 7249-R (Certificate and Acknowledgement of Service Requirements and Methods of Fulfillment for Individuals Enlisting or Transferring into Units of the Army National Guard (ARNG) Upon Release from Active Duty/Discharge from Active Army Service), dated 13 December 2004, that shows he agreed to serve in the California ARNG (CAARNG) upon his release from active duty.
4. He was honorably released from active duty on 11 January 2005. His
DD Form 214 for this period shows he was transferred to a unit in the CAARNG.
5. On 19 April 2008, he was ordered to active duty in support of Operation Iraqi Freedom.
6. On 16 June 2009, he was honorably released from active duty by reason of completion of required service in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4. He was released to the control of ARNG of California. His DD Form 214 for this period shows he completed 1 year, 1 month, and 28 days of net active service. Item 27 of this DD Form 214 shows the entry "NA."
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and is prepared for all personnel at the time of their retirement, discharge, or release from active duty. The RE code is governed by Army Regulation 601-210 (Active and Reserve Components Enlistment Program) which determines reentry eligibility and provides regulatory guidance on the RE codes. These codes are not applicable to officers, U.S. Military Academy (USMA) cadets who fail to graduate or enter USMA from active duty status, or to Reserve Component Soldiers being separated for other than cause. (emphasis added)
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was an ARNG Soldier who was mobilized on 19 April 2008. Upon completion of his mobilization, he was released from active duty on 16 June 2009 for completion of required active service in accordance Army Regulation 635-200, chapter 4. There is no
evidence that he was released from active duty for cause. Accordingly, there was no regulatory authority to assign the applicant an RE code.
2. The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits. The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service. He should advise those individuals that the entry "NA" on his DD Form 214 was entered in accordance with the governing regulation and should not be considered as a negative reflection of the character of his service while on active duty or on his reenlistment eligibility.
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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