IN THE CASE OF:	  

		BOARD DATE:  8 March 2012

		DOCKET NUMBER:  AR20110015950 


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 he be assigned a reentry eligibility (RE) code for his period of active duty from 9 February to 24 June 1994.

2.  The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not have his RE code.

3.  The applicant provides a statement of service from the Department of Veterans Affairs (VA).

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.  He enlisted in the U.S. Army Reserve on 5 January 1994.  He was ordered to initial active duty for training effective 9 February 1994.

3.  He completed basic combat and advanced individual training and was awarded military occupational specialty 54B (Chemical Operations Specialist).

4.  On 24 June 1994, he was released from active duty by reason of his completion of his period of active duty for training.  Block 24 (Reentry code) of his DD Form 214 contains the entry NA (not applicable).

5.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  Table 2-1 provided the requirements for completing the entries in the blocks on the DD Form 214.  According to the table Reserve Component personnel being separated for other than cause will not be assigned RE codes.  The entry in Block 27 in these cases would be NA.

DISCUSSION AND CONCLUSIONS:

He was not released from active duty for cause.  The reason for him being released from active duty was completion of a period of active duty for training.  The correct entry in Block 27 of his DD Form 214 for this period is NA.  Therefore, the entry in Block 27 of his DD Form 214 for the period of service from 9 February to 24 June 1994 is correct.

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)                                         AR20110015950





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ABCMR Record of Proceedings (cont)                                         AR20110015950



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