RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 June 2007
	DOCKET NUMBER:  AR20070001085 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Ms. Margaret Patterson

Chairperson

Mr. Ronald Gant

Member

Mr. Rowland Heflin

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, that item 14 (Military Education) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he completed basic training and Military Police training; that item 23 (Type of Separation) on his DD Form 214 be corrected to show an “Honorable Discharge”; and that item 27 (Reenlistment (RE) Code) on his DD Form 214 be changed to RE-1. 

2.  The applicant states that he provided his graduation certificate from the Military Police School and discharge orders showing that his discharge was honorable.  He contends that his RE code prevents employment with the military and many government agencies. 

3.  The applicant provides a copy of his DD Form 214; his discharge orders; a diploma from the Basic Military Police Course; and a certificate of achievement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
27 November 1984.  The application submitted in this case is dated 12 January 2007.

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 limitations 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 enlisted on 18 July 1984 for a period of 3 years.  He successfully completed One Station Unit Training in military occupational specialty 95B (military policeman).  On 27 November 1984, the applicant was released from active duty under the provisions of Army Regulation 635-200, paragraph 11-3a, for entry level status performance and conduct.  His character of service was uncharacterized.  

4.  Item 14 on the applicant’s DD Form 214 shows the entry, “NONE//”Nothing Follows.”  Item 23 on his DD Form 214 shows the entry, “RELIEF FROM ACTIVE DUTY.”  Item 27 on his DD Form 214 shows the entry, “RE-3.” 

5.  The applicant was honorably discharged from the U.S. Army Reserve (USAR) on 17 July 1990. 

6.  A DD Form 215 (Correction to DD Form 214), dated 7 July 1988, amended item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the applicant’s DD Form 214 to show a Certificate of Achievement and item 14 was amended to show he completed the 16-week Basic Military Police Course in November 1984.  

7.  The applicant provided a Certificate of Achievement, dated 14 November 1984, which shows he received a maximum score of 300 on the Army Physical Readiness Test.  

8.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation states, in pertinent part, that item 14 will list in-service training courses; title, number of weeks, year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.  The regulation also states, in pertinent part, it directs that the following entries for enlisted personnel would be entered in item 23:  (1) Relief from active duty; (2) Discharge; (3) Retirement; (4) Separation and order to additional active duty; (5) Relief from Active Duty Training (ADT); (6) Release from custody and control of the Army; and (7) Relief from ADT and discharge form the Reserve of the Army.

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 U.S. Army Reserve.  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.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Army Regulation 601-210, in effect at the time, stated in pertinent part, that a discharge by reason of entry level status performance or conduct was a waivable disqualification.
 
11.  RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
12.  Department of Defense Directive Number 1332.14, dated 21 December 1993, states, in pertinent part, that entry level separation is an authorized characterization of service or description of separation.

DISCUSSION AND CONCLUSIONS:

1.  Since item 14 on the applicant’s DD Form 214 was amended to show he completed the 16-week Basic Military Police Course, and the governing regulation states that in-service training courses will be listed in item 14 on the DD Form 214, there is no basis for granting the applicant’s request to show he completed basic training in item 14 on his DD Form 214.   

2.  Although the applicant contends that the entry in item 23 on his DD Form 214 should be corrected to show he received an honorable discharge, the applicant did not receive an honorable discharge from his active duty service ending 
27 November 1984.  He received an honorable discharge from the USAR.  A DD Form 214 covers the Soldier’s most recent period of continuous active duty.  The applicant was released from active duty and his character of service was uncharacterized.  The entries in items 23 and 24 (Character of Service) on his DD Form 214 are correct and in accordance with the governing regulations.  Therefore, there is no basis for granting the applicant’s request to amend item 23 on his DD Form 214.

3.  An RE code is not changed to obtain employment opportunities.  The RE code used in the applicant’s case is correct and was applied in accordance with the applicable regulations. 

4.  Records show the applicant should have discovered the alleged error now under consideration on 27 November 1984; therefore, the time for the applicant to file a request for correction of any error expired on 26 November 1987.  The applicant 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

MP______  __RG___  _RH____  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.



_Margaret Patterson___
          CHAIRPERSON




INDEX

CASE ID
AR20070001085
SUFFIX

RECON

DATE BOARDED
20070614
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100.0700
2.
100.0300
3.

4.

5.

6.