ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 January 2019 DOCKET NUMBER: AR20160013123 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from Active Duty): * item 27 (Reenlistment (RE) Code), to a code other than RE-NA (not applicable) * item 29 (Dates of Lost Time During this Period), to adjust days of lost training APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for period ending 29 May 1987 * Medical Documents FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect: * his RE code should be clarified and the days lost in training should be adjusted with respect to his injury and profile * he was on waivers from the beginning * he missed 4 to 5 days of training recovering from an injury to the point he could proceed with training * he believes the RE-NA code was an action taken which intended to make reenlistment impossible without waivers * he had a disability claim that was denied because there was no accurate record of his injury during training 3. A review of the applicant’s service records show: a. On 9 February 1987, he enlisted in the U.S. Army Reserve (USAR). b. He was ordered to initial active duty for training (IADT) on 6 March 1987. He completed one station unit training (OSUT) at Fort Benning, GA. c. He was honorably released from active duty 29 May 1987. He completed 3 months and 3 days active service. His DD Form 214 shows in * item 27 (Reenlistment Code), RE-NA * item 29 (Dates of Time Lost During This Period), None d. The applicant was honorably discharged from the USAR on 16 January 1996. 4. The applicant provides medical documents shows: * prior to his enlistment he had surgery for a tear of the medial collateral ligament of the right knee * while in OSUT he received a profile for no running, jumping, or marching for more than 1 mile for 6 days because of hip and joint pain 5. The guiding regulation states for item 27 (Reenlistment Code), enter "NA" for USAR members released after serving on ADT. For item 29 (Dates of Lost Time During this Period), enter inclusive dates under Title 10 United States Code section 972, as well as time lost after normal ETS. This entry covers the period of service shown in items 12a and b. 6. Under Title 10, United States Code section 972, if a member lost time because of disease or injury resulting from his own misconduct, he or she would have to make up the time and it would be reflected on his or her DD Form 214, item 29. If not, item 29 would reflect "None." The available records do not show the applicant lost time for any of the reasons listed under the Code. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance. According to Army Regulation 635-5 (Separation Documents) for item 27, enter "NA" for USAR members released after serving on ADT. For item 29 (Dates of Lost Time During this Period), enter inclusive dates under Title 10 United States Code section 972, as well as time lost after normal ETS. This entry covers the period of service shown in items 12a and b. Further, under Title 10, United States Code section 972, if a member lost time because of disease or injury resulting from his own misconduct, he or she would have to make up the time and it would be reflected on his or her DD Form 214, item 29. If not, item 29 would reflect "None." The available records do not show the applicant lost time for any of the reasons listed under the Code. As such, the applicant does not fit the criteria which would warrant corrections of item 27 and item 29 of his DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. SIGNATURE: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for preparing and distributing the DD Form 214. The regulation states that the purpose of the separation document is to provide the individual with a record of his or her military service. It is important that information entered on the form be complete and accurate. It stated: a. For item 27 (Reenlistment Code), enter "NA" for Army National Guard (ARNG) and USAR members released after serving on ADT or ARNG after serving on FTTD (full time training duty). For members discharged for cause (for example, under the Trainee Discharge Program (TDP) or for medical reasons), give the proper reenlistment eligibility code. b. For item 29 (Dates of Time Lost During This Period), these dates are required by other Federal agencies. For enlisted personnel enter inclusive dates under Title 10 United States Code section 972, as well as time lost after normal ETS. This entry covers the period of service shown in items 12a and b. If the member has no time lost during this period enter “none.” 3. AR 601-210 (Regular Army and Reserve Enlistment Program), in effect at the time, covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, USAR, and Army National Guard. Table 3-8 includes a list of RE codes. * an RE-1 applies to Soldiers completing their terms of active service who are considered qualified for enlistment if all other criteria are met * an RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable - they are ineligible unless a waiver is granted 4. Title 10, United States Code section 972 provides enlisted members are required to make up time lost, which means he is liable, after his return to full duty, to serve for a period that, when added to the period that he served before his absence from duty, amounts to the term for which he was enlisted or inducted if he: * deserts * is absent from his organization, station, or duty for more than one day without proper authority, as determined by competent authority * is confined by military or civilian authorities for more than one day in connection with a trial, whether before, during, or after the trial * is unable for more than one day, as determined by competent authority, to perform his duties because of intemperate use of drugs or alcoholic liquor, or because of disease or injury resulting from his misconduct ABCMR Record of Proceedings (cont) AR20160013123 4 1