IN THE CASE OF:	  

		BOARD DATE:	  25 September 2014

		DOCKET NUMBER:  AR20140002486 


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 the removal of all misconduct from his records.

2.  The applicant states:

* he spoke with a recruiter about joining the U.S. Army Reserve (USAR), but he never actually joined
* he was unaware he was supposed to be in a USAR unit and he never signed anything to be placed in the USAR

3.  The applicant provides two copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 November 2004.

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 (RA) on 19 June 2001.

3.  On 15 November 2004, he was honorably released from active duty (REFRAD).  His DD Form 214 shows in:

* item 9 (Command to Which Transferred) – USAR Control Group (Reinforcement)
* item 25 (Separation Authority) – Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4
* item 26 (Separation Code) – MBK
* item 27 (Reentry Code) – 1
* item 28 (Narrative Reason for Separation) – Completion of Required Active Service

4.  His available records are void of and he failed to provide any evidence of misconduct.

5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 provides that a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.  Prior to discharge or REFRAD, individuals will be assigned reentry eligibility (RE) codes based on their service records or the reason for discharge.  Army Regulation 601-210 (RA and Army Reserve Enlistment Program), in effect at the time, covered eligibility criteria, policies, and procedures for enlistment and processing in the RA and USAR.  Table 3-1 provided a list of RE codes.  RE code 1 applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.  RE code 3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  Those individuals are ineligible unless a waiver is granted.

6.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form  214.  The version of the regulation in effect at the time of his REFRAD listed every SPD code applicable to enlisted personnel in an appended table.  This table shows that Soldiers REFRAD under the authority of Army Regulation 635-200, chapter 4, by reason of completion of required active service would be assigned SPD code MBK.

7.  The SPD/RE Code Cross-Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers and shows the SPD codes and corresponding RE codes.  The table in effect at the time of his REFRAD shows SPD code MBK has a corresponding RE code of 1.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form  214.  It stated the DD Form  214 was a summary of a Soldier's most recent period of continuous active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records are void of and he failed to provide any evidence of misconduct.  He was honorably released from active duty on 15 November 2004 and was fully qualified for reenlistment.  His DD Form 214 shows the proper authority, narrative reason, SPD code, and RE code for the type of separation he received.  There is no record of misconduct while in the USAR in his records.

2.  In view of the foregoing, there is no basis for granting the 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 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)                                         AR20140002486



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ABCMR Record of Proceedings (cont)                                         AR20140002486



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