IN THE CASE OF:
BOARD DATE: 9 March 2010
DOCKET NUMBER: AR20090014442
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 that the Certificate of Recognition for service during the Cold War and his high school education level be added to his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states his DD Form 214 shows he had a 10th grade education, but he graduated from high school prior to his separation from active duty. He believes that the Cold War Certificate should be on his DD Form 214. He wants to know the meaning of reentry (RE) Code 1B.
3. The applicant provides, in support of his application, copies of his high school diploma and commencement ceremony program, a photograph of someone [presumably of the applicant] in cap and gown, and the Cold War 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 27 December 1973, the applicant enlisted in the Regular Army with a 10th grade education. During training, he qualified as an expert marksman with the M16 rifle. Upon completion he was awarded military occupational specialty (MOS) 31B as a field radio mechanic.
3. He arrived in Germany on 13 June 1974 and was advanced to specialist four (E-4) on 1 July 1976. He finished the high school completion course at the Stuttgart Department of Defense school on 30 November 1976. There is no official transcript in his record; a DA Form 2496 reports the details of the program and indicates that an official transcript will be available from the Stuttgart Support Command for a 5-year period.
4. The applicant returned to the United States and was released from active duty on 23 December 1976. His DD Form 214, in block 20 (Highest Education Level Successfully Completed) shows "Secondary/High School _10 yrs (1-12 grades)." Block 26 (Decorations, Medals, Badges, Commendations, Citations, a Campaign Ribbons Awarded or Authorized) lists the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.
5. A memorandum attached to his separation orders explains that RE Code 1B means that he is fully qualified for reenlistment except that he has not received a primary MOS test score during the current term of enlistment.
6. Army Regulation 635-5 (Separation Documents) provides line by line instructions for completing the DD Form 214. It provides for the entry of those decorations, medals, badges, citations, and campaign ribbons listed in Army Regulation 600-8-22 (Military Awards). There is no provision for listing certificates on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant finished a high school [12th grade] completion program while on active duty. This should be reflected on his DD Form 214.
2. There is no regulatory provision for adding the Cold War certificate to the awards listed on his DD Form 214.
3. As indicated in the memorandum attached to his separation orders, RE Code 1B means that he was fully qualified for reenlistment except that he did not receive a primary MOS test score during the current term of enlistment.
4. In view of the foregoing findings and conclusions, it would be appropriate to rectify this error by correcting the applicants records as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ ____x____ ____x____ 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 changing block 20 of his DD Form 214 to show he completed 12 years of education.
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 adding the Cold War Certificate to his DD Form 214.
_______ _ _x______ ___
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) AR20090014442
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ABCMR Record of Proceedings (cont) AR20090014442
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