RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20080003169 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 his Reentry (RE) code be changed to RE-1.  He also requests correction of his National Guard Bureau (NGB) Form 
22 (Report of Separation and Record of Service) to show award of the National Defense Service Medal. 

2.  The applicant states, in effect, that his bar to reenlistment was removed prior to his release from active duty in 1984 and that he has no lost time.  He contends that he received a letter in 1988 upgrading his RE code to 1.  He further states that the “National Ribbon Metal” (correctly known as the National Defense Service Medal) was issued to all service men serving from 2 August 1990 to 
30 November 1995.   

3.  The applicant provides a NGB Form 22 and a training certificate. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the U.S. Army Reserve (USAR) on 8 February 1982 for a period of 6 years.  He enlisted in the Regular Army on 2 March 1982 for a period of 2 years.  He was awarded military occupational specialty 54E (nuclear biological chemical operations specialist) and he was promoted to private first class effective 1 March 1983.  

3.  A bar to reenlistment was imposed against the applicant on 6 May 1983.  A DA Form 2496 (Disposition Form), dated 4 November 1983, states the applicant’s unit commander reviewed the bar to reenlistment and recommended that it not be removed.  This form also stated that subsequent reviews would occur at 6 month intervals.

4.  On 6 March 1984, the applicant was released from active duty in the rank of private first class and transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation.  

5.  Item 27 (Reenlistment Code) on the applicant’s DD Form 214 for the period ending 6 March 1984 shows the entries, “RE-3, 3B.”  Item 29 (Dates of Time Lost During This Period) on this DD Form 214 shows the entry, “820806 to: 820815.”  

6.  Item 21 (Time Lost) on the applicant’s DA Form 2-1 (Personnel Qualification Record) shows he had 10 days of lost time due to being confined by civilian authorities from 6 August 1982 to 15 August 1982. 

7.  On 11 February 1985, the applicant was released from the USAR Control Group (Annual Training) and reassigned to the 257th Transportation Company in Las Vegas, Nevada.  He was promoted to specialist four effective 29 April 1985 in MOS 64C.  On 2 May 1989, the applicant was honorably discharged from the Ready Reserve.   

8.  The applicant enlisted in the Army National Guard on 31 August 1994 for a period of 1 year in pay grade E-3.  On 30 August 1995, he was honorably discharged from the Army National Guard. 

9.  The applicant’s NGB Form 22 does not show the National Defense Service Medal as an authorized award. 

10.  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.

11.  RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.

12.  RE-3B at the time applied to persons who had lost time during their last period of service. 

13.  RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.

14.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  It states that, as a one-time only exception, members of the Army National Guard and USAR who were part of the Selected Reserve in good standing were authorized the National Defense Service Medal for the period 2 August 1990 to 30 November 1995. 

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that his bar to reenlistment was removed prior to his release from active duty on 6 March 1984, evidence of record shows that his bar to reenlistment was reviewed on 4 November 1983 and it was recommended that it not be removed.  The next review of his bar to reenlistment would have been in May 1984, but he was released from active duty in March 1984.

2.  The evidence of record does not support the applicant’s contention that he did not have any lost time.  Evidence of record shows that he had 10 days of lost time which is properly reflected in item 29 on his DD Form 214 for the period ending 6 March 1984.  Therefore, the RE-3 and RE-3B entries shown in item 
27 on the applicant's DD Form 214 are correct and were applied in accordance with the applicable regulations.  

3.  The applicant served a period of qualifying service in the Army National Guard for award of the National Defense Service Medal during the period 2 August 1990 to 30 November 1995.  Therefore, his NGB Form 22 should be corrected to show this medal.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

XXX____  __XXX   __XXX ____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by adding the National Defense Service Medal to his NGB Form 22.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his RE code.  



      ____XXX____________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080003169


5


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508