RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 August 2007
	DOCKET NUMBER:  AR20070004333 


	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

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Michael J. Flynn

Chairperson

Mr. Larry W. Racster

Member

Mr. Donald W. Steenfott

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 correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Kuwait Liberation Medal and the Noncommissioned Officer Professional Development Ribbon.  He also questions the accuracy of his Reentry Code 3 in Item 27 of his DD Form 214. 

2.  The applicant states that he needs these corrections in order to obtain employment status with the Department of Veterans Affairs.

3.  The applicant provides a copy of his DD Form 214, page two of a four-page Army/American Council on Education Registry Transcript (AARTS), an undated certificate offering thanks and appreciation by the Kuwaiti Army, and a certificate showing award of the Army Achievement Medal for service in Kuwait.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 22 March 1996, the date of his release from active duty.  The application submitted in this case is dated 8 March 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.  On 26 April 1988, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 31U1O (Signal Support Systems Specialist). 

4.  On 26 October 1990, the applicant immediately reenlisted for 4 years.  This was followed by another immediate reenlistment of two years on 23 Mar 1994.

5.  The applicant provides a photocopy of page two of a four-page AARTS transcript that indicates attendance at the Primary Leadership Development Course at the 7th Army Noncommissioned Officers Academy at Grafenwoehr, Federal Republic of Germany from 9 February to 11 March 1994.  However, this 
document does not show that the applicant actually attended this course of instruction.  There is no available evidence in the applicant's records to show that he attended this course of instruction.

6.  The applicant provided a photocopy of a certificate showing award of the Army Achievement Medal.  The citation indicates that he deployed to Kuwait in support of Operation Intrinsic Action 95-03, and was signed on 12 October 1995. The certificate provides an order number and date.  However, those orders are not available for review.  The applicant's records do not contain any evidence that he served in Kuwait.

7.  Records contain two additional certificates for award of the Army Achievement Medal but do not contain the supporting orders.

8.  The applicant provides a photocopy of an undated certificate from the Kuwait Army.  It indicates that the applicant was presented this certificate as a member of the 6th Mechanized Brigade in appreciation for the excellent service, valuable cooperation and sincere efforts he displayed with the brigade in the superior performance of his duties.  A review of the applicant's records did not reveal any supporting documentation showing that he had served in Kuwait, or that he was a member of the 6th Mechanized Brigade.

9.  On 22 March 1996, the applicant was involuntarily discharged under the provisions of Army Regulation 635-200, chapter 4, by reason of completion of service.  His service was characterized as honorable.  His Separation Code JBK indicated that he was ineligible for reenlistment.  The applicant received separation pay.

10.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army Lapel Button, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Driver-W Bar.  It does not show award of the Kuwait Liberation Medal

11.  Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes.  RE 3 applies to persons separated from their last period of service with a waivable disqualification.  That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.
12.  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.  The SPD code of JBK was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of AR 635-200, Chapter 4, for completion of required active service who were ineligible for reenlistment.  Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE Code 3 as the proper RE code to assign to Soldiers for this reason. 

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Noncommissioned Officer Professional Development Ribbon.  Award of the basic ribbon is authorized for completion of the Primary Leadership Development Course.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of The Kuwait Liberation Medal by the Kingdom of Saudi Arabia 
(KLM-SA).  It was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K).  It was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he successfully completed the PLDC is not supported by any evidence of record.  The evidence provided by the applicant is not sufficiently convincing to support his contention.  Therefore, his request should not be granted. 

2.  The applicant's contention that he served in Kuwait and is entitled to award of the Kuwait Liberation Medal is not supported by any evidence of record.  The evidence provided by the applicant is not sufficiently convincing to support his contention.  Therefore, his request should not be granted.

3.  The RE Code 3, establishing his ineligibility for enlistment/reenlistment without waiver, was correctly entered on his separation document in accordance with governing regulations.  There is no evidence of error or injustice.

4.  The available evidence indicates that the applicant may be entitled to a total of three Army Achievement Medals, of which only one is reflected on his 
DD Form 214.  However, orders to substantiate these awards are not available for review. 

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 22 March 1996; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
21 March 1999.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, 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

_ MJF __  _LWR___  __DWS   _  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.




__     Michael J. Flynn  ______
          CHAIRPERSON


INDEX

CASE ID
AR20070004333
SUFFIX

RECON
 
DATE BOARDED
20070814 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.
110
3.

4.

5.

6.