IN THE CASE OF:	  

		BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20090020155 


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 correction of his rank and the Reentry Eligibility (RE) code shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states his rank at the time of his separation from active duty on 2 March 1992 was specialist (SPC)/pay grade E-4.  He also states he was voluntarily separated from active duty for the convenience of the government under the 1990 Early Transition Program and issued an RE code of "3C."  He further states he should not be penalized with this RE code, which is affecting his effort to enlist in the Florida Army National Guard.  He adds that if he had known this at the time of his early separation, he would have completed the 9 months that he had left on his active duty commitment.

3.  The applicant provides copies of his separation and discharge documents.

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) for a period of
8 years on 28 November 1988.  He enlisted in the Regular Army for a period of 4 years on 27 December 1988.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 18 (Appointments and Reductions) he was promoted to private first class (PFC)/ pay grade E-3 with a date of rank (DOR) of 1 August 1989.  Item 33 (Date) shows the applicant reviewed this form on 25 March 1991.

4.  Fort Carson and 4th Infantry Division (Mechanized), Fort Carson, CO, Permanent Orders 075-1638, dated 10 October 1991, awarded the applicant the Good Conduct Medal for the period of service from 27 December 1988 to
26 December 1991.  The orders show the applicant's rank at the time was "SP4" [specialist four/E-4].

5.  Headquarters, 4th Personnel Service Company, 4th Infantry Division (Mechanized), Fort Carson, CO, Orders 303-019, dated 10 December 1991, reassigned the applicant to the U.S. Army Transition Point for transition processing and relief from active duty on 2 March 1992.  The orders show the applicant's rank at the time was "SPC."

6.  The applicant's DD Form 214 shows he entered active duty on 27 December 1988 and was honorably released from active duty (REFRAD) on 2 March 1992 under the provisions of Army Regulation 635-200, paragraph 16-8, for the Convenience of the Government - 1990 Early Transition Program.

   a.  At the time he had completed 3 years, 2 months, and 6 days of net active service.

 	b.  He was transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.

	c.  Item 4a (Grade, Rate or Rank) shows "PFC"; item 4b (Pay Grade) shows "E-3"; and item 12 (Record of Service), block h (Effective Date of Pay Grade), shows "89 08 01" (i.e., 1 August 1989).

   d.  Based on the authority and reason for his separation, the applicant was issued the Separation Code "LCC" [Item 26].
   
   e.  Item 27 (Reentry Code) shows "RE-3C."

7.  The applicant's Total Army Personnel Data Base electronic record, accessible via the U.S. Army Human Resources Command Integrated Web Services portal, shows his grade as "SPC" with a DOR of 1 August 1991.

8.  In support of his application, the applicant provides copies of his U.S. Army Reserve Personnel Command, St. Louis, MO, Orders D-10-867723, dated
20 October 1998, and DD Form 256A (Honorable Discharge Certificate).  These documents show the applicant was honorably discharged from the USAR and U.S. Army on 20 October 1998.  His rank at the time was SPC.

9.  Army Regulation 635-5-1 (Separation Program Designator (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.  It identifies the SPD code of "LCC" as the appropriate code to assign enlisted Soldiers who are separated under the provisions of Army Regulation 635-200, paragraph 16-8, based on reduction in authorized strength.

10.  The SPD Code/RE Code Cross Reference Table shows that a Soldier issued SPD Code "LCC" will be assigned an RE Code of "2B."

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  Chapter 2, Table 2-1 (DD Form 214 Preparation Instructions), contains item-by-item instructions for completing the DD Form 214.  It shows for:

   a.  item 4a and 4b enter active duty grade of rank and pay grade at time of separation;
	
   b.  item 12, block h, enter the effective date of promotion to pay grade; and

   c.  item 27 see chapters 1 and 2 and appendix D of Army Regulation 601-280 for RE codes to be entered on copies 2, 4, 7, and 8.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the rank of PFC (E-3) and RE Code of "RE-3C" shown on his DD Form 214 should be corrected because he held the rank of SPC (E-4) at the time of his voluntary separation under the 1990 Early Transition Program and he should not be penalized with the RE code that he was issued.

2.  Records show the applicant was promoted to PFC (E-3) with a DOR of
1 August 1989.

3.  Records show he was promoted to SPC (E-4) with a DOR of 1 August 1991.

   a.  There is no evidence that the applicant was reduced in rank at any time from 1 August 1991 through the date he was REFRAD on 2 March 1992.

   b.  Thus, it is concluded that the applicant held the rank of SPC (E-4) at the time he was REFRAD.  Therefore, it would be appropriate to correct the rank, pay grade, and effective date of pay grade on his DD Form 214.

4.  Records show the applicant was REFRAD under the provisions of Army Regulation 635-200, paragraph 16-8.

	a.  Based on the authority and reason for his separation, and the assigned SPD Code, records show the RE code to be assigned was "RE-2B."

   b.  Item 27 of his DD Form 214 shows he was issued RE code "RE-3C."

   c.  Therefore, it would be appropriate to correct the Reentry Code on his
DD Form 214.

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 correcting his 2 March 1992 DD Form 214 by:  

   a.  deleting from item 4a the entry "PFC" and adding "SPC";

   b.  deleting from item 4b the entry "E-3" and adding "E-4";
   c.  deleting from item 12, block h, the entry "89 08 01" and adding "91 08 01"; and

   d.  deleting from item 27 the entry "RE-3C" and adding "RE-2B."



      _______ _   __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)                                         AR20090020155



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ABCMR Record of Proceedings (cont)                                         AR20090020155



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