BOARD DATE: 5 March 2014
DOCKET NUMBER: AR20130011395
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, in effect, correction of Item 27 (Reentry (RE) Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an RE code that will allow him to reenlist.
2. The applicant states, in effect, he desires to reenlist.
3. The applicant provides a copy of 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. On 11 September 2006, the applicant enlisted in the Georgia Army National Guard (GAARNG) for an 8-year period.
3. On 16 January 2007, he was ordered to active duty for training.
4. On 3 May 2007, he was honorably released from active duty (REFRAD) training and transferred back to his GAARNG unit.
5. Item 27 of the the DD Form 214 that he was furnished at the time of his REFRAD shows the entry "NA."
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of REFRAD or discharge. It also states that Army Regulation 601-210 determines Regular Army and U.S. Army Reserve reentry eligibility and provides regulatory guidance on the RE codes. These codes are not applicable to officers, United States 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show an RE code which would allow reenlistment. However, in accordance with the applicable regulation, RE codes are not applicable to Reserve Component Soldiers being separated for other than cause.
2. The applicant was not being separated from the service for cause. He was furnished a DD Form 214 because he was a member of the ARNG and he was being REFRAD and transferred to his ARNG unit. Therefore, he was properly not furnished an RE code. The N/A does not indicate a reenlistment disqualification. He may provide a copy of this Record of Proceedings to any official who may tell him otherwise.
4. In view of the foregoing, there is an insufficient evidentiary 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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