IN THE CASE OF:
BOARD DATE: 19 March 2015
DOCKET NUMBER: AR20140013695
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 inclusion of a reenlistment eligibility (RE) code on his 27 March 1992 DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he is attempting to reenlist and his DD Form 214 does not include an RE code.
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 enlisted in the U.S. Army Reserve (USAR) on 6 February 1990 and entered active duty for training (ADT) on 22 August 1990. He completed training and was awarded military occupational specialty 98C (Signals Intelligence Analyst).
3. The applicant was released from ADT and transferred to Headquarters and Headquarters Company, 138th Military Intelligence Battalion, Rosemont, IL on 27 March 1992.
4. The 27 March 1992 DD Form 214 shows he was released from ADT by reason of self-terminating orders for the completion of ADT. Block 27 (Reentry Code) states "NA." He had a Reserve Obligation Termination Date of 5 February 1998.
5. The applicant was honorably discharged from the USAR on 5 February 1998.
6. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states that the entry at block 27 is not applicable to Reserve Component Soldiers being separated for other than cause.
DISCUSSION AND CONCLUSIONS:
1. The applicant was not separated for cause but to return to the control of his USAR unit. Since he was still serving in an active USAR status, the assignment of "NA" in lieu of an RE code was appropriate.
2. The applicant has not provided any evidence of an error or injustice warranting 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.
ABCMR Record of Proceedings (cont) AR20140013695
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ABCMR Record of Proceedings (cont) AR20140013695
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