IN THE CASE OF
BOARD DATE: 17 June 2014
DOCKET NUMBER: AR20130019128
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 item 27 (Reentry Eligibility (RE) Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the entry "1" instead of "NA." He also requests correction of Item 24 (Character of Service) to show honorable and Item 26 (Separation code) to show LBK.
2. The applicant states his DD Form 214 should show he has an RE Code 1. He is trying to enlist in the National Guard but cannot because of the missing information.
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. The applicant requested that items 24 and 26 of his DD Form 214 be corrected to show the entries "Honorable" and "LBK" respectively. His DD Form 214 currently shows these entries in the respective items. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
3. The applicant's records show he entered active duty on 22 March 2003 as a member of the U.S. Army Reserve (USAR).
4. He was honorably released from active duty on 20 January 2004 in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) chapter 4 by reason of completion of his required active service. His DD Form 214 shows he completed 9 months and 29 days of active service. Item 27 shows the entry NA.
5. Army Regulation 635-5 (Separation Documents), as then in effect, established the standardized policy for preparing and distributing the DD Form 214. The RE code is governed by Army Regulation 601-210 (Active and Reserve Components Enlistment Program) which determines Regular Army and USAR 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was a USAR Soldier who entered active duty on 22 March 2003, and he was released from active duty on
20 January 2004 due to completion of required service. 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.
ABCMR Record of Proceedings (cont) AR20130012683
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ABCMR Record of Proceedings (cont) AR20130019128
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