BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100024808 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show:

* A Reenlistment (RE) Code of 1a
* Primary Specialty of 31L1P
* Two awards of the Army Achievement Medal (AAM with Oak Leaf Cluster (OLC)
* A 10th Mountain Division Tab
* Promotion to the rank of sergeant (SGT)
* Credit for his Reserve Retirement Points

2.  The applicant states that his DD Form 214 was prepared to reflect the wrong RE Code and some awards are missing from his DD Form 214.

3.  The applicant provides:

* Copies of his DD Form 214
* Copies of orders awarding him two AAMs
* A copy of his 31L military occupational specialty (MOS) orders 
* A copy of orders promoting him to the rank of SGT 
* A copy of his Chronological Statement of Retirement Points dated 14 September 1993



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 on 4 August 1981 and served through a series of continuous reenlistments.  He was promoted to the pay grade of E-5 on 1 September 1985 in MOS 11B2P.

3.  On 4 May 1987, nonjudicial punishment was imposed against him and he was reduced to the pay grade of E-4.

4.  On 28 June 1988, while assigned to the 10th Mountain Division at Fort Benning, Georgia, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-8 due to reduction in authorized strength and the Fiscal Year 1988 Early Transition Program.  He had served 6 years, 
10 months, and 25 days of total active service.  He was given an RE Code of 3C.

5.  His DD Form 214 issued at the time of discharge shows primary specialties 11B1P (Infantryman) and MOS 57F10 (Graves Registration Specialist).  It also shows he was awarded the Good Conduct Medal, Parachutist Badge, Overseas Service Ribbon, Noncommissioned Officer Professional Development Ribbon with numeral 2, Army Service Ribbon, and Army Commendation Medal.

6.  His records also show he was ineligible for reenlistment due to having received punishment under Article 15, Uniform Code of Military Justice and that he was disqualified for award of the Good Conduct Medal.  Additionally, he failed his Skills Qualification Test (SQT) which would have required a waiver to reenlist. 

7.  He enlisted in the U.S. Army Reserve on or about 9 September 1988.

8.  He provided AAM orders showing he was awarded the AAM in June 1991 and again in October 1991.

9.  He was awarded primary MOS 31L in February 1992.

10.  He was promoted to SGT in January 1993.

11.  Army Regulation 635-5 serves as the authority for the preparation of the 
DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that exists at the time of separation.  Events/information that occurs subsequent to the date the DD Form 214 is issued will not be entered on the DD Form 214 retroactively unless the information or event occurred during the period covered by the DD Form 214.  It also provides that only decorations and awards listed in Army Regulation 
600-8-22 will be entered on the DD Form 214.

12.  Pertinent Army Regulations provide 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 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the United States Army Reserve (USAR).  Chapter 4 of the regulation in effect at the time prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE Codes.

13.  RE-3C applied to persons not qualified for continued Army service without a waiver during their last period of service, but the disqualification was waivable.  A waiting period of 2 years from separation was required before a waiver could be submitted through a local recruiting office.

14.  Army Regulation 670-1 serves as the authority for the wear and appearance of the Army Uniform.  It provides, in pertinent part, that unit identification tabs that are authorized by local authorities will only be worn while assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted and found to lack merit.  The applicant was properly issued an RE Code of 3C at the time of discharge and he has failed to show that his RE Code was in error at the time. 

2.  The awards, MOS and promotion orders the applicant provides with his application pertain to events that occurred during his service in the USAR subsequent to his discharge and are not authorized for entry on the DD Form 214.

3.  The applicant’s contention that the 10th Mountain Division Tab should be added to his DD Form 214 has also been noted and found to lack merit.  The 10th Mountain Division Tab is an item of uniform wear and it is not authorized for entry on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _  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)                                         AR20100024808



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ABCMR Record of Proceedings (cont)                                         AR20100024808



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