IN THE CASE OF:	

		BOARD DATE:	  4 March 2010

		DOCKET NUMBER:  AR20090016663 


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 an honorable characterization of service be entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in item 13a (Character of Service).

2.  The applicant states that item 13a was omitted due to a clerical oversight when he was discharged.  He states that the Department of Veterans Affairs (VA) will not accept his VA application because his characterization of service is blank.

3.  The applicant provides in support of his application copies of his DD Form 214 with a separation date of 23 October 1969; a Presidential Service Certificate, dated 16 June 1968; a White House Communications Agency Certificate, dated 23 October 1969; a University of Washington bachelor's degree certificate, dated 10 June 1972; a VA card; and a letter from the National Personnel Records Center, dated 7 July 2009.

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 Regular Army (RA) on 24 October 1966 for a 
3-year period of service.  He successfully completed basic and advanced individual training.  He was awarded military occupational specialty 72C (Telephone Switchboard Operator).  The highest rank/grade he attained during his tenure was sergeant (temporary)/E-5.

3.  Upon completion of his training, the applicant served from 16 June 1967 to 23 October 1969 in the Defense Communications Operations Center at the White House Communications Agency.  A review of item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows that during his tenure he received all "excellent" conduct and efficiency ratings.  

4.  There are no records of general or special courts-martial in the applicant's official military personnel record, nor is there any record of acceptance of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice in the applicant's file.

5.  On 23 October 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his mandatory service obligation.  Upon separation, he was issued a DD Form 214 that shows he completed 3 years of active service that was not characterized.  A review of his DD Form 214 shows that in item 13a there is no entry.

6.  Item 15 (Reenlistment Code) of the applicant's DD Form 214 shows the entry "RE-1."

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Good Conduct Medal, the National Defense Service Medal, and the Presidential Service Badge and Certificate.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  
9.  Army Regulation 635-200 (Personnel Separations - Enlisted Separations) provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.  At the time it stated that an honorable discharge would be furnished when a Soldier met the following qualifications:

	a.  has conduct ratings of at least "good,"

	b.  has efficiency ratings of at least "fair,"

	c.  has not been convicted by a general court-martial, and

	d.  has not been convicted more than once by a special court-martial.

10.  Army Regulation 635-200 states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned reentry eligibility (RE) codes based on their service records or the reason for discharge.  Army Regulation 601-210 (RA and USAR Enlistment Program) establishes eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  Table 3-1 includes a list of the RA RE codes.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received an award of the Army Good Conduct Medal for his first qualifying period of service that included no court-martial convictions or acceptance of nonjudicial punishment.  His record shows that he was fully qualified for reenlistment upon completion of his first period of enlistment.

2.  Therefore, based on the evidence of record and the general regulations that provide for award of the Army Good Conduct Medal and establishment of an RE code 1, the applicant's record should be corrected to show his character of service as honorable.






BOARD VOTE:

___X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with a separation date of 23 October 1969 to show in item 13a the entry "honorable."



      ___________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)                                         AR20090016663



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ABCMR Record of Proceedings (cont)                                         AR20090016663



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