BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160000093 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160000093 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160000093 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 Forms 214 (Certificate of Release or Discharge from Active Duty), for the periods ending 30 December 2008 and 8 September 2011, by amending block 27 (Reentry (RE) Code) to show a different RE Code. 2. The applicant states his DD Forms 214 show in block 27 the entry "NA" (not applicable) and his Army recruiter requires a different RE Code. He served honorably without any Uniform Code of Military Justice (UCMJ) action being taken against him. 3. The applicant provides his DD Forms 214 for the periods ending 17 January 2004, 30 December 2008, and 8 September 2011. 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. Following service in the Regular Army from 18 January 2001 to 17 January 2004, the applicant enlisted in the Ohio Army National Guard (OHARNG) on 9 August 2005. 3. Orders 339-694, issued by the OHARNG on 5 December 2007, ordered the applicant to active duty as a member of his Reserve Component unit in support of Operation Iraqi Freedom (OIF). He entered active duty on 3 January 2008 and he was released from active duty on 30 December 2008, upon completion of the required period of active service. He was issued a DD Form 214 for this period of active duty service that shows the entry "NA" in block 27 and that he was transferred to an OHARNG unit. 4. Orders 130-243, issued by the OHARNG on 10 May 2010, ordered the applicant to active duty as a member of his Reserve Component unit in support of Operation Enduring Freedom (OEF). He entered active duty on 6 July 2010 and he was released from active duty on 8 September 2011, upon completion of the required period of active service. He was issued a DD Form 214 for this period of active duty service that shows the entry "NA" in block 27 and that he was transferred to an OHARNG unit. 5. The applicant was honorably discharged from the ARNG on 8 February 2013. He was issued a National Guard Bureau (NGB) Form 22 (National Guard Report of Separation and Record of Service) that shows he was assigned an RE Code of "1." REFERENCES: 1. Army Regulation 601-210 (Regular Army and Reserve Components Enlistment Program) covers eligibility criteria for enlistment and processing into the Regular Army, U.S. Army Reserve (USAR), and ARNG. This regulation provides that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. RE-1 applies to persons completing their term of service who are considered qualified to reenter the Army, so long as all other qualifications are met. 2. Army Regulation 635-5, in effect during the applicant's periods of active duty service, prescribed policies and procedures regarding separation documents and provided detailed instructions for the preparation of the DD Form 214. The regulation states that the RE code is governed by Army Regulation 601-210, which governs Regular Army and Army Reserve reentry eligibility and provides regulatory guidance on the RE codes. These codes are not applicable to officers, U.S. Military Academy Cadets who fail to graduate or enter USMA from active duty status, or to Reserve Component Soldiers being separated for other than cause (emphasis added). DISCUSSION: 1. The evidence shows the applicant was a member of the ARNG when he was ordered to active duty on two occasions as a member of his Reserve Component unit in support of OIF and OEF. The evidence further shows he was released from active duty upon completion of the required period of active service on both occasions. 2. According to Army Regulation 635-5, in effect at the time, RE codes are not applicable to Reserve Component Soldiers being separated for other than cause. There is no evidence that shows the applicant was released from active duty for cause. Accordingly, there was no regulatory authority to assign him an RE code. As result, the entry "NA" was entered on his DD Forms 214. 3. The applicant was honorably discharged from the OHARNG and his NGB Form 22 shows he was assigned an RE Code of "1." His NGB Form 22 should be sufficient proof of his eligibility for reentry into the service, so long as all other qualifications are met. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000093 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000093 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2