BOARD DATE: 19 May 2015
DOCKET NUMBER: AR20140017452
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 he be assigned a reentry (RE) code in order to enlist in the U.S. Army Reserve (USAR).
2. The applicant states:
a. His records does not show a RE code. A recruiter pulled his reenlistment eligibility data display (REDD) file and found he had an RE code of "ZZ." He contacted his old unit and but they did not have any information or resolution to his problem. He spoke to someone in Cary, NC about this issue.
b. He would like to reenlist in the USAR and serve his country as he did in the past. He is mentally and physically able to serve. He would like to get the process resolved as quickly as possible so he can start the process of reenlisting.
3. The applicant provides a copy of his military records from the National Personnel Records Center.
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 USAR on 13 December 2004. He enlisted for 8 years in the grade of private/E-1.
3. Orders 08-162-00036, issued by Headquarters, 81st Regional Readiness Command, Birmingham, AL, dated 10 June 2008 show he was discharged from the USAR on 9 July 2008. He was given a general, under honorable conditions discharge.
4. Army Regulation 135-178 (Army National Guard (ARNG) and (USAR) Enlisted Administrative Separations) establishes policies, standards, and procedures governing the administrative separation of certain enlisted Soldiers of the ARNG and the USAR. It does not provide for assigning an RE code to USAR Soldiers.
DISCUSSION AND CONCLUSIONS:
1. The applicants request that he be issued an RE code in order to reenlist in the USAR was considered; however, the governing regulation does not provide for issuing a RE code for members of the USAR who are being administratively separated.
2. In view of the foregoing, he is not entitled to 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 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) AR20140017452
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ABCMR Record of Proceedings (cont) AR20140017452
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