IN THE CASE OF: BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150004739 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 his reentry eligibility (RE) code be changed from N/A (not applicable) to an actual code, preferably one favorable for enlistment. 2. The applicant states he attended the U.S. Military Academy (USMA) for 2 years before leaving voluntarily due to complications from a spinal condition, spondylolysis. Subsequent rest and rehabilitation following the diagnosis was enough to completely subside the pain. However, he attempted to participate in track and field his second year and he developed the same issue. The pain was exacerbated by a feeling of failure and the impetuous notion that a career in the Army was doomed encouraged him to resign. Recent doctor visits have revealed that there is nothing out of the ordinary with his spine, considering his age and physical routine. He would like to enlist as he believes there is still a place for him in the Army. However, the vague "N/A" on his DD Form 214 (Certificate of Release or Discharge from Active Duty) is a grave impediment. 3. The applicant provides: * DD Form 214 with a separation date of 11 May 2011 * a magnetic resonance imaging (MRI), dated 21 October 2014, from the University of Maryland Medical Center Midtown Campus 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. His DD Form 214 shows his period of service was from 29 June 2009 to 11 May 2011. His DD Form 214 contains the following entries: * Item 4a (Grade, Rate or Rank) - "Cadet" * Item 12c (Net Active Service This Period) - 1 year, 10 months, and 13 days * Item 18 (Remarks) - “Item 12c includes service as a USMA Cadet from 29 June 2009 to 11 May 2011. Service not creditable for any purpose in a commissioned officer status” * Item 27 (Reentry Code) - N/A * Item 28 (Narrative Reason for Separation) - Unqualified Resignation 3. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) determined Regular Army and U.S. Army Reserve reentry eligibility and provided regulatory guidance on the RE codes. These codes were not applicable to officers, USMA cadets who failed to graduate or enter USMA from active duty status, or to Reserve Component Soldiers being separated for other than cause. DISCUSSION AND CONCLUSIONS: His service was as an USMA cadet and he failed to graduate. Based on Army Regulation 635-5, an RE code in his case is not applicable. 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) AR20150004739 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004739 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1