IN THE CASE OF:	  

		BOARD DATE:	  18 November 2010

		DOCKET NUMBER:  AR20100013241 


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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the following:

* Item 4a (Grade, Rate or Rank) – specialist four (SP4)
* Item 4b (Pay Grade) – E-4
* Item 16 (High School Graduate or Equivalent) – Yes
* Item 27 (Reenlistment Code) – RE-1

2.  The applicant states these items were corrected once, but he does not know what happened.  He received his general education degree (GED) from St. Mary's College while on active duty.  He needs his records corrected so he can apply for Federal employment.

3.  The applicant provides no additional 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.  His military personnel records show he enlisted in the Regular Army (RA) on 30 May 1979.

3.  Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was promoted to the rank and pay grade of SPC/E-4 on 1 January 1981 and he was reduced to private first class 
(PFC)/E-3 on 10 February 1982.

4.  On 10 February 1982, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being absent without leave (AWOL) from his place of duty on 6 February 1982.  The punishment included reduction to PFC.

5.  The record contains a DA Form 2496 (Disposition Form) which shows he successfully completed the St. Mary's High School course of instruction on 23 February 1982 and directed that this educational accomplishment be entered in his permanent military record and filed his personnel records.

6.  On 28 May 1982, he was honorably released from active duty under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 2, at the completion of his required service.  He separated in the rank and pay grade of PFC/E-3.  On the date of his release from active duty he had completed 2 years, 11 months, and 28 days of active military service with 1 day of lost time.

7.  Item 4a and item 4b of his DD Form 214 show the entries "PFC" and "E-3," respectively.  Item 16 shows he did not graduate from high school and item 27 shows the reenlistment codes "RE-3B/3C."

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

9.  Army Regulation 635-200 states 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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA, U.S. Army Reserve, and Army National Guard and includes a list of RA RE codes.

	a.  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.

	b.  RE-3B applies to Soldiers who have lost time during their last period of service.  They are ineligible for reenlistment unless a waiver is granted.

	c.  RE-3C applies to Soldiers who have completed over 4 months of service who do not meet the pay grade requirements pursuant to Army Regulation 
600-200 (Enlisted Personnel Management System), chapter 2.  They are ineligible for reenlistment unless a waiver is granted.

10.  Army Regulation 600-200 at the time prescribed the policies and procedures for denying reenlistment under the Qualitative Management Program and stated that a Soldier was ineligible to reenlist or extend if he or she had served a maximum number of years of Federal service in a specific grade.  The reenlistment or extension of a current enlistment for Soldiers in pay grade E-3 and below would not exceed 3 years of active Federal service.

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The "LBK" SPD code is the correct code for Soldiers involuntarily released from active duty under Army Regulation 635-200, chapter 2.

12.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active and Reserve Component Soldiers.  This cross reference table shows SPD code "LBK" has a corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests administrative corrections to his DD Form 214 to show he was an SP4/E-4, received his GED, and had an RE code of "RE-1."

2.  The evidence of record shows he was reduced from SP4 to PFC on 10 February 1982 for being AWOL.  There are no orders showing he was promoted to SP4 subsequent to his reduction and prior to his separation which occurred 3 months later.  Therefore, his pay grade and rank are correctly shown on his DD Form 214.
3.  The evidence of record confirms his RE codes were assigned based on his record of lost time and because reenlistment or extension of his current enlistment would exceed the 3-year time in service maximum under the QMP for the grade of PFC.  Therefore, he received the appropriate RE codes associated with his separation.

4.  His record clearly shows he completed the St. Mary's High School course of instruction and received his GED on 23 February 1982.  Therefore, his DD Form 214 should be corrected.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending item 16 of his DD Form 214 to read "Yes."

2.  The Board further determined 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 correcting his DD Form 214 to show his rank and pay grade as "SP4/E-4" and his RE code as "RE-1" upon his separation.



      _______ _   _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)                                         AR20100013241



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ABCMR Record of Proceedings (cont)                                         AR20100013241



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