BOARD DATE: 12 February 2014
DOCKET NUMBER: AR20130009442
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 upgrade his reentry (RE) code.
2. The applicant states he would like to have his RE code upgraded so that he can reenter military service.
3. The applicant provides two letters, dated 13 December 2012 and 18 December 2013.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as Reserve commissioned officer on 22 May 2010 and entered active duty 28 January 2012. He held a signal specialty and attained the rank/grade of first lieutenant (1LT).
2. His DD Form 214 shows he was honorably discharged on 14 March 2013 in accordance with Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 4-2b, by reason of Unacceptable Conduct. Item 27 (RE Code) contains the entry "NA."
3. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2 provides an item by item description of the DD Form 214. Paragraph 2-4 of this regulation states that Item 27 is obtained from Army Regulation 601-210 (Active and Reserve Components (RC) Enlistment Program) which determines Regular Army and U.S. Army Reserve reentry eligibility and provides regulatory guidance on 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 RC Soldiers being separated for other than cause.
DISCUSSION AND CONCLUSIONS:
The governing regulation is clear in that these codes are not applicable to officers. There is no administrative relief available to the applicant in this case.
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) AR20130009442
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