PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 May 2002        
	DOCKET NUMBER:   AR2002067730

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of item 11 (Primary Specialty) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 29 August 1990 to show that he served in military occupational specialty (MOS) 11C (Indirect Fire Infantryman) for 2 years and 9 months; correction of item 5 (Date of Birth) to show 25 January 1969; and correction of item 
27 (Reentry Code) to show reentry (RE) code 1A. 

3.  The applicant states that he served in MOS 11C for 2 years and 9 months, that his date of birth is incorrect and that his RE code should be RE-1A.  In support of his application, he submits a DD Form 215 (Correction of DD Form 214) prepared on 26 June 1992; a DD Form 214 with an effective date of 
14 March 1991; a DD Form 214 with an effective date of 29 August 1990; an award certificate for the Good Conduct Medal for the period 30 December 1987 to 3 September 1990; and a copy of his Birth Certificate.  

4.  The applicant’s military records show that he enlisted on 4 September 1987 for a period of 3 years.  He served as an indirect fire infantryman and was honorably discharged on 29 August 1990 under the provisions of Army Regulation 635-200, chapter 16, for convenience of the Government, 1990 Early Transition Program.  On 31 January 1991, the applicant was ordered to active duty in support of Operation Desert Shield/Storm.  He was honorably released from active duty on 14 March 1991. 

5.  Item 11 (Primary Specialty) on the applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 29 August 1990 shows that he served in MOS 11C for 1 year and 9 months.  Item 5 (Date of Birth) on this DD Form 214 shows he was born on 15 November 1986 and item 27 (Reentry Code) shows the entry, “2B.” 

6.  The applicant’s service personnel records show that he was awarded primary MOS 11C.

7.  The applicant’s Birth Certificate shows that he was born on 25 January 1969. 

8.  The applicant was issued a DD Form 215, dated 26 June 1992, which amended his DD Form 214 with an effective date of 14 March 1991 to show his correct date of birth.  However, there is no evidence in the available records which shows the applicant’s DD Form 214 with an effective date of 29 August 1990 was amended to show his correct date of birth.  

9.  Pertinent Army regulations provide 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.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the USAR.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes. 

10.  Paragraph 3-27 of Army Regulation 601-210 provides that RE Codes may be changed only if they are determined to be administratively incorrect.  

11.  RE-1A, in effect at the time, applied to careerists with over 6 years of service for pay (over 4 years service for pay if separated on or after 15 August 1978).  The RE code indicated the soldier was fully qualified for reenlistment. 

12.  RE-2B, in effect at the time, applied to persons who were fully qualified when last separated.  However, reenlistment was not authorized at the time of separation under the enlisted year group management plan.  For soldiers separated on or after 1 October 1968 this code reflects that separation was the result of an early release program and the soldier was fully qualified to reenlist but chose not to.

CONCLUSIONS:

1.  The applicant’s DD Form 214 with an effective date of 29 August 1990 shows that he served in primary MOS 11C for 1 year and 9 months.  

2.  The Board considered the applicant’s contention that he served in MOS 11C for 2 years and 9 months.  However, evidence of record shows the applicant was awarded primary MOS 11C on 29 December 1987 and that he served in primary MOS 11C for 2 years and 8 months.  Therefore, it would be appropriate to correct item 11 (Primary Specialty) on the applicant’s DD Form 214 with an effective date of 29 August 1990 to show that he served in primary MOS 11C for 2 years and 8 months.

3.  The applicant’s DD Form 214 with an effective date of 29 August 1990 shows his date of birth as 15 November 1986.  However, the applicant’s Birth Certificate shows that he was born on 25 January 1969.  Therefore, it would be appropriate to correct the applicant’s date of birth to show 25 January 1969 on his DD Form 214 with an effective date of 29 August 1990.

4.  The Board noted the applicant’s contention that his RE code is incorrect on his DD Form 214 with an effective date of 29 August 1990 and should be corrected to show RE-1A, instead of RE-2B.  However, the governing regulation in effect at the time of the applicant’s separation states that RE-1A applied to careerists with over 6 years of service for pay (over 4 years service for pay if separated on or after 15 August 1978).  Evidence of record shows that the applicant had less than 3 years of service.  

5.  The RE code used in the applicant’s case is correct and was applied in accordance with the applicable regulations.  Therefore, there is no basis for granting the applicant’s request to change his RE code to RE-1A.  

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected: 

	a.  by deleting the entry, “11C100000 INDRCT FIRE INFMN–1 YRS-9 MOS//NOTHING FOLLOWS” in item 11 (Primary Specialty) on the DD Form 214 with an effective date of 29 August 1990 of the individual concerned;

	b.  by adding the entry, “11C100000 INDRCT FIRE INFMN-2 YRS-8 MOS//NOTHING FOLLOWS” in item 11 on this DD Form 214; 

	c.  by deleting the entry, “861115” in item 5 (Date of Birth) on the DD Form 214 with an effective date of 29 August 1990; and

	d.  by adding the entry, “690125” in item 5 on this DD Form 214. 
	
2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

MHM___  KAN____  DPH_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Melvin H. Meyer________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067730	
SUFFIX		
RECON		
DATE BOARDED	20020514	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	100.0200	
3.	100.0300	
4.		
5.		
6.