IN THE CASE OF:	  

		BOARD DATE:	       21 APRIL 2009

		DOCKET NUMBER:  AR20090000273 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests his reentry eligibility (RE) code be upgraded from 
RE-3 to RE-1 so he may reenlist, and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Afghanistan Campaign Medal, the Iraq Campaign Medal, the Valorous Unit Award, and the Presidential Unit Citation.

2.  The applicant states that the current RE code incorrectly indicates that he was released from active duty for a negative reason.  He also states that the requested awards were authorized after his separation from the Army.

3.  The applicant provides a copy of his DD Form 214, dated 21 May 2005.

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's records show he enlisted in the Regular Army for a period of 4 years on 31 July 2001.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman).  The highest rank/grade he attained during this period of service was specialist (SPC)/E-4.

3.  The applicant’s records also show that prior to completing his enlistment commitment, the applicant requested separation from the Army in accordance with paragraph 5-16 of Army Regulation 635-200 (Personnel Separations) for the purpose of attending school.  Accordingly, he was honorably released from active duty in the rank/grade of SPC/E-4 on 21 May 2005.

4.  Item 12c (Net Active Service This Period) of the applicant’s DD Form 214 he was issued shows he completed 3 years, 9 months, and 11 days of creditable active service.  Additionally, item 12f (Foreign Service) does not show completion of any period of foreign service.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Commendation Medal, the "Combat Patch," the Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Army Lapel Button, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Combat Infantryman Badge, the Expert Infantryman Badge, the Parachutist Badge, and three overseas service bars.

6.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Afghanistan for 45 days from 22 September 2002 to 5 November 2002 and for 100 days from 30 March 2004 to 7 July 2004.  He also served in Iraq for 58 days from 3 March 2003 to 29 April 2003, for 87 days from 10 October 2003 to 3 January 2004, and for 92 days from 4 January 2005 to 5 April 2005.  He was assigned to B Company, 1st Battalion, 75th Ranger Regiment (Airborne).

7.  Item 27 (Reentry Code) of the applicant’s DD Form 214 shows the entry "3."

8.  The Awards and Decorations Branch of the U.S. Army Human Resources Command, Alexandria, VA, does not list any approved or pending awards for the 1st Battalion, 75th Ranger Regiment (Airborne), during the applicant’s period of service with that unit.

9.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all land area of the country of Iraq and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005 in an area for which the Iraq Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.  The Iraq Campaign Medal may be awarded posthumously, only one award of this medal may be authorized for any individual, and under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  (a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties; (b) is wounded or injured and requires medical evacuation from the area of eligibility; or (c) while participating as a regularly assigned air crewmember flying sorties into, out of, within, or over the area of eligibility in direct support of the military operations; each day of operations counts as 1 day of eligibility.

10.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 24 October 2001 and 28 February 2005 in an area for which the Afghanistan Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.  The following rules apply to award of the Afghanistan Campaign Medal:  the Afghanistan Campaign Medal may be awarded posthumously, only one award of this medal may be authorized for any individual, and under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  (a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties; (b) is wounded or injured and requires medical evacuation from the area of eligibility; or (c) while participating as a regularly assigned air crewmember flying sorties into, out of, within, or over the area of eligibility in direct support of the military operations; each day of operations counts as 1 day of eligibility. 

11.  A directive issued by the Department of Defense on 16 April 2008 designated four campaigns with the Iraq Campaign Medal (the Liberation of Iraq, 19 March 2003 to 1 May 2003; the Transition of Iraq, 2 May 2003 to 28 June 2004; the Iraq Governance, 29 June 2004 to 15 December 2005; and the National Resolution, 16 December 2005 to a date to be determined), and three campaigns with the Afghanistan Campaign Medal (the Liberation of Afghanistan, 11 September 2001 to 30 November 2001; the Consolidation I, 1 December 2001 to 30 September 2006; and the Consolidation II, 1 October 2006 to a date to be determined).  Furthermore, the awards regulation states that a bronze service star will be awarded for wear on the Iraq Campaign Medal and/or the Afghanistan Campaign Medal for participation in each campaign.

12.  Army Regulation 635-200 states, in pertinent part, 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 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Table 3-1 included a list of the Regular Army RE codes.  An RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.  An RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.

13.  Army Regulation 635-5-1 (Separation Program Designator Codes) states that the separation program designator (SPD) codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of the Department of Defense and the Military Services to assist in the collection and analysis of separation data.  The "MCF" code is the correct code for Soldiers voluntarily separated to attend school in accordance with paragraph 5-16 of Army Regulation 635-200.  Additionally, in accordance with the SPD/RE Code Cross Reference Table in effect at the time of the applicant's separation, an RE-3 is the appropriate RE code associated with the "MCF" SPD code.

DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the Afghanistan Campaign Medal, the evidence of record shows that the applicant served in Afghanistan for a total of 145 days from 22 September 2002 to 5 November 2002 and from 30 March 2004 to 7 July 2004.  Therefore, he served a qualifying period of service for award of the Afghanistan Campaign Medal and is entitled to correction of his records to show this award.  Additionally, he participated in the Consolidation I campaign during his service in Afghanistan and is also entitled to award of a bronze service star to be affixed to the Afghanistan Campaign Medal.

2.  With respect to award of the Iraq Campaign Medal, the evidence of record shows that the applicant served in Iraq for a total of 237 days from 3 March 2003 to 29 April 2003, from 10 October 2003 to 3 January 2004, and from 4 January 2005 to 5 April 2005.  Therefore, he served a qualifying period of service for award of the Iraq Campaign Medal and is entitled to correction of his records to show this award.  Additionally, he participated in the Liberation of Iraq, the Transition of Iraq, and the Iraq Governance campaigns during his service in Iraq and is also entitled to award of three bronze service stars to be affixed to the Iraq Campaign Medal.

3.  The evidence of record shows the applicant completed 145 days of foreign service in Afghanistan and 237 days in Iraq for a total of 1 year and 17 days of foreign service which is not shown on his records; therefore, he is entitled to correction of his records to show his foreign service.

4.  With respect to award of the Valorous Unit Award and the Presidential Unit Citation, there is no evidence that the applicant’s unit of assignment was awarded these awards during the applicant’s assignment to this unit or that he was assigned to any other unit that was awarded the requested awards.  Therefore, there is insufficient evidence to award the applicant the Valorous Unit Award and the Presidential Unit Citation in this case.

5.  With respect to the applicant’s RE code, the evidence of record shows that the applicant’s RE code was assigned based on the fact that he requested early separation prior to completion of his enlistment commitment to attend school.  The RE code associated with this type of discharge is RE-3.  Therefore, the applicant received the appropriate RE code associated with his separation.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  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 all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry "0000  00  00" from item 12f of the applicant’s DD Form 214 and adding the entry "0001  00  17" and 

	b.  adding the Afghanistan Campaign Medal with one bronze service star and the Iraq Campaign Medal with three bronze service stars to the applicant’s DD Form 214.

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 award of the Valorous Unit Award, the Presidential Unit Citation, and his RE-code.



      _________________________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090000273



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ABCMR Record of Proceedings (cont)                                         AR20090000273



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