IN THE CASE OF:
BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140009048
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his discharge orders be corrected to reflect a reentry (RE) code of RE-1.
2. The applicant states that his DD Form 214 and discharge orders are in error as they do not contain an RE code.
3. The applicant provides copies of his DD Form 214 and discharge orders.
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. After having prior enlisted service in the Navy, U.S. Army Reserve (USAR) and Army National Guard (ARNG), the applicant reenlisted in the USAR on
8 December 2006 for a period of 6 years under the Officer Candidate School (OCS) option. He was transferred to Fort Benning, Georgia to undergo OCS training. On 16 May 2007, he was honorably discharged due to completion of required service. His DD Form 214 issued at the time of discharge shows the entry NA in block 27 (RE Code).
3. He was commissioned as a USAR second lieutenant (2LT) on 17 May 2007 and served in the USAR until he was honorably discharged in the rank of 2LT on 1 February 2011. His discharge orders do not contain an RE Code.
4. On 29 October 2014, he enlisted in the New York ARNG in the pay grade of E-4 for a period of 3 years.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that RE Codes are not applicable to officers, U.S. Military Academy (USMA) cadets who fail to graduate or enter the USMA from active duty, or to Reserve Component Soldiers being separated for other than cause.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and supporting documents have been carefully considered and found to lack merit.
2. The applicant was a Reserve Component Soldier who was not separated for cause and therefore was not eligible to be assigned an RE code.
3. He was also a Reserve officer who was honorably discharged and officers are not assigned RE codes.
4. Therefore, it appears that his separation documents were properly prepared and it does not appear that there is any error or injustice to correct. Accordingly, there appears to be no basis to grant his request.
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) AR20140009048
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ABCMR Record of Proceedings (cont) AR20140009048
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