2.  The applicant requests, in effect, correction of his military records to show that he was awarded the Army Commendation Medal (ARCOM) with First Oak Leaf Cluster (OLC), the Army Achievement Medal (AAM) with Third OLC, and the Army Good Conduct Medal (AGCM) (Third Award).  Also, he requests correction of his records to show a reentry eligibility (RE) code which would allow enlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude enlistment.

3.  The applicant states, in effect, that he found errors on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He called the authorities at the Department of the Army (DA) and the U.S. Army Transition Point, Fort Jackson, South Carolina.  He was advised to submit documentation to the U.S. Army Reserve (USAR) Personnel Command (ARPERCEN) to correct the administrative error.  He desires to continue his military career.

4.  On 9 January 1979, the applicant enlisted in the USAR, in pay grade E-1, for 6 years.  On 30 January 1979, he enlisted in the Regular Army (RA), in pay grade E-1, for 3 years.  He remained on active duty through subsequent reenlistments and an extension until his discharge on 6 June 1991.  His military occupational specialty was 16D10 (Hawk Missile Crewman).  He was promoted to pay grade E-5 effective 1 October 1983.  His promotion packet, dated August 1989, indicates that he had 762 promotion points (the maximum was 1000 promotion points).  There is no record of the applicant receiving nonjudicial punishment under Article 15, Uniform Code of Military Justice, or a court-martial in the available records.

5.  Permanent Orders 54-1, dated 13 November 1985, awarded the applicant the ARCOM for the period November 1982-December 1985.  With his application, the applicant submits a copy of a certificate, dated 25 April 1991, which shows that he was awarded the ARCOM for the period 3 June 1988-
28 April 1991.  However, there are no Permanent Orders contained in his records for this award.

6.  Permanent Orders 22-1, dated 4 December 1984, awarded the applicant the AAM for the period 11 June 1984-14 June 1984.  Permanent Orders 46-14, dated 17 December 1985, awarded the applicant the AAM (First OLC) for the period 21 October 1985-23 October 1985.  Permanent Orders 80-2, dated 16 November 1989, awarded the applicant the AAM (Third (sic) OLC) for the period 18 September 1989-20 September 1989; and Permanent Orders 16-4, dated 30 January 1990, awarded the applicant the AAM (Third OLC) for the period 13 November 1989-15 November 1989.

7.  Permanent Orders 65-16, dated 7 April 1986, awarded the applicant the AGCM for the period 30 January 1979-29 January 1992 and the AGCM (2d Award) for the period 30 January 1982-29 January 1985.  Permanent Order 3-26, dated 6 January 1988 awarded the applicant the AGCM (3d Award) for the period 21 (sic) January 1985-20 (sic) January 1988.  Permanent Orders 10-1, dated 19 January 1982, awarded the applicant the AGCM (First Award) for the period 31 January 1979-
30 January 1982.  That portion of this order pertaining to the applicant was revoked by Permanent Orders 65-18, dated 7 April 1986.  Permanent Orders 20-19, dated 5 February 1985, awarded the applicant the Army AGCM (Second Award) for the period 31 January 1982-20 January 1985.  That portion of this order pertaining to the applicant was revoked by Permanent Orders 65-19, dated 7 April 1986.  Permanent Order 3-26, dated 6 January 1988, awarded the applicant the AGCM (Third Award) for the period 21 January 1985-20 January 1988.

8.  The applicant’s DD Form 214 indicates that he was honorably discharged on 6 June 1991, in pay grade E-5, by reason of expiration of term of service (ETS).  He had completed a total of 12 years, 4 months, and 7 days active military service.  His reentry code was shown as 3C.  He received numerous awards, to include the ARCOM, the AAM (First OLC), and the AGCM (Second Award).

9.  Documentation contained in the applicant’s records indicates that he signed documents on 25 April 1991 indicating that he was enlisting in the USAR, in pay grade E-5, for 3 years.  He acknowledged that he understood that enlistment for the Dual Component Enlistment Option provided that he had to be within 10 working days of his start of terminal leave or date eligible for return from overseas for the purpose of RA ETS; that he was expected to be discharged from the RA with a RE code of RE-1 or RE-2, and that he had to meet the USAR basic eligibility requirements for enlistment.  A First Endorsement, dated 29 April 1991, indicates that the applicant was enlisting in the USAR immediately after being discharged from active duty.

10.  The U.S. Army Enlistment Eligibility Activity (USAEEA), in a comment, opined that the reentry code RE-3C is correct as shown on the applicant’s DD Form 214 in accordance with table 3-6, Army Regulation 601-210, dated 14 February 1990. The applicant’s military records reveal that he was discharged in the rank of sergeant (E-5) after completing more than 10 years active service.  The code RE-3C is appropriate to indicate that he requires a waiver of the Army’s rank and service criterion by Headquarters, DA, prior to reentry into the RA.  Favorable action on the applicant’s request for RE code change would not be appropriate.

11.  The ARPERCEN, in a comment to the Board, indicates that officials in Germany revealed that the Permanent Orders pertaining to the ARCOM with First OLC were not included with the records/documents maintained by their office; that orders for the ARCOM certificate issued on 25 April 1991 for exceptionally meritorious service from 3 June 1988-28 April 1991 are not contained in the applicant’s records, nor could they be located in Germany by the issuing headquarters; that the applicant has four awards of the AAM which entitles him to the AAM with Third OLC; that Permanent Orders 80-2, dated 16 November 1989, and Permanent Orders 16-4, dated 30 January 1990, both awarded the AAM with Third OLC; that Permanent Orders 80-2, dated 16 November 1989, is being amended to show Second OLC; that the applicant has three awards of the AGCM; that there was a problem on his qualifying periods on his initial and second award which were subsequently corrected by issuance of Permanent Orders 3-26, dated 7 April 1986; that Permanent Orders 3-26, dated 6 January 1988, is also being amended to show the correct qualifying period from 30 January 1985 to 29 January 1988; and that the applicant qualifies for a fourth award of the AGCM and this is also being issued.  The ARPERCEN recommended that the applicant’s petition for the ARCOM with First OLC be approved and that permanent orders be issued.  The ARPERCEN indicated that the applicant is entitled to have his award of the AAM with Third OLC and AGCM (Fourth Award) added to his DD Form 214.

12.  Permanent Orders 307-01, dated 3 November 1995, issued by the authorities at ARPERCEN amended Permanent Orders 
80-2, dated 16 November 1989, to read AAM (Second OLC) and Permanent Orders 3-26, dated 6 January 1988, to read the period of service as 30 January 1985 to 29 January 1988.  Permanent Orders 307-02, dated 3 November 1995, awarded the applicant the AGCM (Fourth Award) for the period of service from 30 January 1988 to 29 January 1991, and indicated that the order superseded the previous Permanent Orders awarding the applicant the AGCM (Fourth Award).

13.  On 11 September 1996, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued by the authorities at the ARPERCEN to delete the AGCM (Second Award) and the AAM (First OLC), and to add the AAM with Third OLC and the AGCM (Fourth Award).

14.  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 and processing into the RA 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, including RA RE codes.

15.  The reentry code of RE-3C applies to persons who have completed more than 4 months service who do not meet the basic eligibility pay grade requirements of chapter 2, Army Regulation 601-280.



16.  Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210 (RA and Army Reserve Enlistment Program). The Army enlistment standards depend upon the needs of the Army at the time of application for enlistment. There is no inherent right by a former soldier to be enlisted in the Army.  The Army chooses its enlistees from among those best qualified to meet the Army’s requirements. A former soldier should periodically visit his or her local recruiting station so as to keep abreast of the changing recruiting needs of the Army.  There is no evidence that the applicant has applied through his recruiter for a waiver.

CONCLUSIONS:

1.  The evidence of record indicates that the applicant was awarded the ARCOM for exceptionally meritorious service from 3 June 1988 to 28 April 1991.  However, orders are not available in the applicant’s records nor could they be located in Germany by the issuing headquarters.  Therefore, the Board concludes that an error was made by Departmental personnel by not issuing the Permanent Orders awarding the applicant the ARCOM with First OLC.

2.  Since administrative action has been taken on the applicant’s requests regarding the AAM with Third OLC, and the AGCM, no action is required by the Board on these issues.

3.  The applicant was separated and assigned a reentry code in accordance with regulations then in effect.

4.  There appears to be no basis for removal or waiver of that disqualification which established the basis for the reentry code.

5.  In view of the circumstances in this case, the assigned reentry code was appropriate. This is supported by the opinion expressed by the USAEEA.
6.  In view of the foregoing, it would be appropriate to correct the applicant’s military records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing Permanent Orders showing that the individual concerned was awarded the ARCOM with First OLC for exceptionally meritorious service from 3 June 1988 to 28 April 1991.

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