IN THE CASE OF:	  

		BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100025558 


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

* the title of his military occupational specialty (MOS) as “Personnel Information Systems Management Specialist” instead of “Personnel Information System Management Specialist”
* his Reentry (RE) code as “RE-1” instead of “RE-3”

2.  He states:

   a.  Military reenlistment personnel were disgruntled about not being able to receive a bonus for getting him to reenlist.
   
   b.  The Army Board for Correction of Military Records (ABCMR) Record of Proceedings, Docket Number AR20100007747, still incorrectly shows the title of his MOS.
   
   c.  It is important that the information entered in his military records is complete and accurate.
   
   d.  He discovered the RE code listed on his DD Form 214 is also incorrect.  

3.  He provides his DD Form 214, internet information from a resume website, U.S. Army information site, biography of the command sergeant major of
U.S. Army Garrison Brussels, an extract describing MOS 75F (Personnel Information System Management), and ABCMR Record of Proceedings, dated 14 September 2010.  

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 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 18 May 1982 for a period of three years.  

3.  He completed the Personnel Information System Management Specialist Course in 1982 and was awarded MOS 75F.  

4.  Item 4 (Assignment Considerations) on his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was not recommended for further service on 25 February 1985.  His bar to reenlistment was reviewed on 10 April 1985 and it was not recommended for removal.  His bar to reenlistment certificate is not available.

5.  He was honorably released from active duty on 16 May 1985 under the provisions of Army Regulation 635-200, chapter 4, at his expiration term of service.  

6.  His DD Form 214 shows an RE code of RE-3 and a Separation Program Designator (SPD) code of “LBK” (Expiration of Term of Service).  

7.  On 14 September 2010, the ABCMR corrected his DD Form 214 by deleting from item 11 the entry “…Personnel Information Management Specialist…” and replacing it with the entry “…Personnel Information System Management Specialist, as he requested.  

8.  He provided documents which show the title of MOS 75F both as “Personnel Information System Management Specialist” and “Personnel Information Systems Management Specialist.”  

9.  Department of the Army Pamphlet 611–201 (Personnel Selection and Classification Military Occupational Classification and Structure), in effect at the time, shows the proper title for MOS 75F was Personnel Information System Management Specialist.

10.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  The regulation, in effect at the time, shows that the SPD code “LBK” as shown on the applicant’s DD Form 214 specifies the narrative reason for separation as involuntary release or transfer for “Expiration of Term of Service” and that the authority for separation under this separation program designator is “AR 635-200, Chapter 4”.  Additionally, the SPD/RE Code Cross Reference Table, Army Regulation 635-5 (Separation Documents) establishes RE code 1 as the proper reentry code to assign to Soldiers separated for this reason.

11.  Army Regulation 635-200 further states, in pertinent part, 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 (Active and Reserve Components Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Table 3-1 included 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 and they are qualified for enlistment if all other criteria are met
* RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable and they are ineligible unless a waiver is granted

DISCUSSION AND CONCLUSIONS:

1.  Department of the Army Pamphlet 611–201, in effect at the time, shows the correct title of MOS 75F as Personnel Information System Management Specialist.  Therefore, his DD Form 214 was correctly amended to reflect his MOS 75F title as Personnel Information System Management Specialist and there is no basis for changing the title.   

2.  The applicant was released from active duty on 16 May 1985 under the provisions of Army Regulation 635-200, chapter 4 at his expiration of term of service.  

3.  His DD Form 214 shows he was separated with an SPD code of LBK (Expiration of Term of Service) and assigned an RE code of 3.  Evidence shows he had been barred from reenlistment.  As a result, he was not considered fully qualified for reenlistment at the time of his separation so, RE code 3 was appropriate.  Therefore, he is not eligible for the requested relief.  

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)                                         AR20100025558





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ABCMR Record of Proceedings (cont)                                         AR20100025558



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