IN THE CASE OF:
BOARD DATE: 6 January 2015
DOCKET NUMBER: AR20140008499
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, a change to item 27 (Reentry (RE) Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a RE Code instead of "NA."
2. The applicant states he believes there is an error because he needs a code to be processed for enlistment. He would like to enlist in the Regular Army (RA).
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the U.S. Army Reserve (USAR), in pay grade E-1, on 17 April 2008. He enlisted under the split option training program.
3. He entered active duty on 12 June 2008 and he completed basic combat training. He was released from active duty on 30 August 2008. He was issued a DD Form 220 (Active Duty Report) that captured this period of active duty.
4. He was ordered to active duty for training (ADT) on 12 June 2009. He completed training and was awarded military occupational specialty 92G (food service operation).
5. He was honorably released from ADT on 19 August 2009 and was transferred to a Reserve unit. He was credited with completing 2 months and 8 days of active service. His DD Form 214 lists in:
* Item 23 (Type of Separation) - Release from Active Duty Training
* Item 25 (Separation Authority) - Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4
* Item 27 NA
* Item 28 (Narrative Reason for Separation) Completion of Required Active Service
6. Army Regulation 635-5 (Personnel Separations - 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 the preparation of the DD Form 214. The regulation stated in:
a. Paragraph 2-4a of the regulation stated each block of the form must have an entry; when data was not applicable, the entries NA, NONE, or hyphens, were appropriate.
b. For item 27, Army Regulation 601-210 (Active and Reserve Components (RC) Enlistment Program) determines RA and USAR reentry eligibility and provides regulatory guidance on the RE codes. These codes are not applicable to RC Soldiers being separated for other than cause.
DISCUSSION AND CONCLUSIONS:
1. The applicant was a member of the USAR who was released from ADT by reason of completion of required active service. He was not released from active duty for cause; therefore, an RE code was not applicable to him. Accordingly, as prescribed by the governing regulation, his DD Form 214 appropriately contains the entry "NA" in item 27. In view of the foregoing, there is no basis for granting the applicant's requested relief.
2. It appears he may have been given inaccurate information leading him to believe the absence of a RE code on his DD Form 214 is preventing his enlistment in the RA. If he chooses to pursue reentry into military service he may use this Record of Proceedings as evidence to show that the "NA" entry on the DD Form 214 he was issued in 2009 is correct as shown.
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) AR20140008499
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140008499
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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