IN THE CASE OF:
BOARD DATE: 19 May 2015
DOCKET NUMBER: AR20140014781
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his discharge orders from the United States Army Reserve (USAR) by changing his reentry code (RE) from NA to an RE code that coincides with his honorable discharge from active duty.
2. He states he was not issued a RE code upon his separation from the Army.
3. He provides copies of his:
* his DD Form 214 for the period ending 8 January 2006
* Orders 08-129-00028, 90th Regional Readiness Command, dated 8 May 2008
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 18 October 2001, he enlisted in the USAR. He was ordered to active duty on 5 October 2004 in support of Operation Iraqi Freedom.
3. On 8 January 2006, he was honorably released from active duty by reason of completion of required active service. His service was characterized as honorable. Block 27 (Reentry code) of his DD Form 214 contains the entry NA (not applicable).
4. Orders 08-129-00028, as provided by the applicant show he was discharged from the USAR with a general, under honorable conditions characterization of service. The format for this action does not provide for an entry of an RE code.
5. Army Regulation 635-5 (Separation Documents), as then in effect, stated RE codes were not applicable to Reserve Component Soldiers who were separated for other than cause. The entry in Block 27 in these cases would be NA.
DISCUSSION AND CONCLUSIONS:
1. He was not released from active duty for cause. He was released from active duty due to completion of a period of active duty. The correct entry in Block 27 of his DD Form 214 for this period is NA. Therefore, his DD Form 214 is correct.
2. There are no provisions for entering an RE code on USAR discharge orders. Therefore, this portion of his request should be denied.
3. In view of the above, there is no basis for granting relief in this case.
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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