RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          31 August 2004
      DOCKET NUMBER:  AR2004101461


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Sloane                |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Robert L. Duecaster           |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his separation
document
(DD Form 214) by adding an Army Achievement Medal (AAM) to Item 13
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized) and by changing the reentry code (RE) entry in Item 27 (Reentry
Code) from RE-3C to RE-1.

2.  The applicant states, in effect, that he received the AAM on 18 January
1991 and that he was separated for the convenience of the government under
the provisions of the Fiscal Year 1992 (FY92) Early Transition Program.

3.  The applicant provides a copy of an AAM Certificate and his DD Form 214
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 2 December 1991.  The application submitted in this case
is dated
6 December 2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records were not provided to the Board.  This
case is being considered using reconstructed records, which primarily
consist of the documents submitted by the applicant.

4.  The applicant’s DD Form 214 shows that enlisted in the Regular Army and
entered active duty on 16 November 1988.  It also shows that he attained
the rank of specialist (SPC) on 1 November 1991 and that he was serving
with
A Company, 3rd Battalion, 6th Infantry Regiment, 5th Infantry Division,
Fort Polk, Louisiana on 2 December 1991, the date of his separation from
active duty.
5.  Item 13 of the applicant’s DD Form 214 lists the Army Service Ribbon,
Army Lapel Button, and National Defense Service Medal as the awards earned
by the applicant during his active duty tenure.  The AAM is not included in
this list of authorized awards.

6.  The DD Form 214 also confirms that the applicant was separated under
the provisions of paragraph 16-8, Army Regulation 635-200, by reason of
Convenience of the Government-FY92 Early Transition Program.  Item
26 (Separation Code) shows that he was assigned a corresponding Separation
Program Designator (SPD) code of LCC and Item 27 shows he was assigned an
RE code of RE-3C.  The applicant authenticated the DD Form 214 with his
signature in Item 21 (Signature of Person Being Separated).

7.  The applicant provides an AAM Certificate, issued on 18 January 1991,
which indicates he was awarded the AAM for meritorious achievement while
assigned to Charlie Company, 1st Battalion, 15th Infantry, as a driver from
22 March
1989 through 20 January 1991.  This document also shows the applicant’s
rank as private/E-2.

8.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities
(regulatory or directive), reasons for separating soldiers from active
duty, and the SPD codes to be entered on the DD Form 214.  It states, in
pertinent part, that the SPD code of LCC is the appropriate code to assign
to soldiers separated under the provisions of paragraph 16-8, Army
Regulation 635-200, by reason reduction in force.

9.  The current SPD/RE Code Cross Reference Table included in the
regulation establishes RE-3 as the proper code to assign members separated
with this SPD code.  However, at the time of the applicant’s separation, RE-
3C was the appropriate code to assign members separated under these
regulatory provisions who failed to meet grade and service criteria.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of errors in his separation document was
carefully considered.  However, there is insufficient evidence to support
his contention.
2.  The applicant authenticated the DD Form 214 on file with his signature
on
2 December 1991, the date of his separation.  In effect, his signature on
the document shows he verified the information contained on the DD Form
214, to include the list of authorized awards and the RE code he was
assigned, was correct at the time the separation document was prepared and
issued.

3.  At the time of the applicant’s separation, by regulation, RE3C was the
proper code to assign the applicant based on his separation under the
provisions of paragraph 16-8, Army Regulation 635-200.  Under current
regulatory policy,
RE-3 is the appropriate code to assign members separated for this reason.
As a result, the RE-3C code was and still is appropriate based on the
authority and reason for his separation.

4.  There are no orders awarding the applicant the AAM on file and no
evidence of record to corroborate the information contained on the AAM
Certificate provided by the applicant.  Further, the applicant verified the
information contained on the DD Form 214 he was issued on 2 December 1991,
to include the list of authorized awards, which did not include the AAM he
claims to have been issued almost a year earlier.  Therefore, there is an
insufficient evidentiary basis to support adding the AAM to the list of
authorized awards contained on his separation document at this time.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

6.  The evidence shows the applicant should have discovered the alleged
error or injustice now under consideration on 2 December 1991, the date of
his separation.  Therefore, the time for him to file a request for
correction of any error or injustice expired on 1 December 1994.  However,
he did not file within the
3-year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JNS __  __JRS___  _RLD___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            _    JOHN N. SLOANE____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004101461                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/08/                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1991/12/02                              |
|DISCHARGE AUTHORITY     |AR 635-200 C16                          |
|DISCHARGE REASON        |Fy92 Early Transition Program           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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