2. The applicant requests that his reenlistment code RE 3B be changed to
RE 2.
3. The applicant states, in effect, item 9c on his DD Form 214 (Authority and Reason) should not read AR 635-200 para 5-14 SPD LBM, that RE 3B should be RE 2, and item 27 on DD Form 214 (Remarks) indicates lost time. Applicant further states that his Military 201 file provides promotion trend and awards presented to him.
4. Records available to the Board show that the applicant was born on
24 September 1952. He enlisted in the Regular Army on 25 September 1971 and awarded MOS 94B20 (Food Service Specialist). On 11 August 1972, applicant was discharged with an Honorable characterization of service and reenlisted on 12 August 1972, at the grade of Specialist Four (E-4). On
30 October 1975, applicant was discharged with an Honorable characterization of service, at the grade of Specialist 5 (E-5), and transferred to the Army Reserve. He received the National Defense Service Medal, the Army Commendation Medal, the Vietnam Service Medal, Vietnam Campaign Medal, the Vietnam Cross of Gallantry with Palm Unit Citation Badge, and the Sharpshooter Badge (M-16).
5. On 6 April 1973, applicant received an Article 15, Uniformed Code of Military Justice (UCMJ), for being Absent Without Leave (AWOL) from
30 March 1973 to 30 March 1973 (1 day). Punishment imposed was forfeiture of $75.00, reduction in grade to PFC (E-3) and 14 days extra duty. Forfeiture of $50.00 and reduction in grade were suspended for 30 days.
6. On 13 November 1973, applicant received a second Article 15, UCMJ, for being AWOL for the time period(s) 4 June 1973 to 2 July 1973 (28 days) and
3 July 1973 to 21 August 1973 (49 days). Punishment imposed was forfeiture of $188.00 per month for 2 months, reduction to the grade of Private First Class and 21 days extra duty. Forfeiture of $53.00 per month was suspended for 60 days.
7. Army Regulation (AR) 635-200, para 5-14, (C28), dated 6 August 1971, states in pertinent part, Commanders are authorized to order separation for the convenience of the Government of enlisted personnel returned to the United States, a possession of the U.S. or area of residence in which enlisted, inducted or ordered to active duty, after completion or having credit for completing the normal overseas tour. Applicant returned from HHC 2/81 Armor, USAREUR, 7th Army, Germany.
8. AR 635-5-1, dated May 1974, states in pertinent part, the acronym(s) SPD stands for Separation Program Designator and LBM is the designator for Short length of time remaining on active duty precludes reassignment, this designator is under the heading of Involuntary release or transfer.
9. AR 601-210, (C6), Table 4-6, states in pertinent part, that RE code 3B is the code for lost time and is waiverable.
CONCLUSIONS:
1. Applicant petitioned the Army Board for Correction of Military Records (ABCMR), on 12 January 1977, to have his lost time removed from his DD Form 214. On 3 August 1977, the ABCMR considered the petition along with available military records. The Board determined that in accordance with
AR 635-5, applicants lost time, as a result of being absent without leave on 3 different occasions, was properly recorded on his DD Form 214 and there was no material error or injustice.
2. On or about 18 December 1978, applicant made an inquiry to the Army Enlistment Eligibility Activity. Applicant received a return reply, dated
6 February 1979, informing him that his DD Form 214, Report of Separation, had been changed to reflect reenlistment code RE-3B and a corrective
DD Form 215 was prepared and placed in applicants permanent military record. Records available also show that item 9c (Authority and Reason) on DD Form 214, was changed to reflect AR 635-200 Para 5-14 SPD LBM. Item 10 (Reenlistment Code) was changed to reflect RE-4. Applicant was also informed that his lost time was a disqualifying factor for entry into the Army but a waiver could be considered.
3. Applicant was instructed, by the Army Enlistment Eligibility Activity, to seek recruiting officials for assistance along with the knowledge that waivers were granted only in meritorious cases. Recruiting officials were delegated the authority to determine whether an individual met the current enlistment criteria and whether consideration of a waiver was appropriate.
4. Dates of AWOLs obtained from Article 15s, indicate that applicant was AWOL a total of 78 days.
5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants records, but only as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing that the individuals DD Form 214, item(s) 10 (Reenlistment code) be corrected to show RE-3B not RE-4, item 21 (Time Lost (preceding two years)) be corrected to show 78 days not NONE and that item 27 (Remarks) reflect the correct days of AWOL,78 days lost under 10 USC 972 from 73-3-30 thru 73-3-30; 73-6-4 thru 73-7-2; 73-7-3 thru 73-8-21 and a new
DD Form 215 be issued.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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