BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110022056 


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 his rank as sergeant (SGT)/E-5 and removal of his reentry eligibility (RE) code of RE-3.  He further requests issuance of a new DD Form 214 and Honorable Discharge Certificate and reinstatement of all of his benefits he never used.

2.  In addition, he requests correction of Section II (Classification and Assignment Data), block 17 (Civilian Education and Military Schools), of his DA Form 2-1 (Personnel Qualification Record – Part II) to show he graduated from Woodfield High School in June 1974.

3.  He states:

* he was assaulted by his platoon SGT due to being placed on funeral leave without his platoon SGT's knowledge
* his base commander authorized his honorable discharge
* his record shows no disciplinary action was taken

4.  He provides:

* documents from his military personnel file
* email he sent to the President of the United States



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's DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he enlisted in the District of Columbia Army National Guard (DCARNG) on 13 November 1974 in the rank/pay grade of private/E-1.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) reflects his enlistment date as 11 November 1974.

3.  He was ordered to active duty for training (ACDUTRA) on 8 January 1975 and was released from ACDUTRA on 16 May 1975.  The following day he was returned to State control as a member of the DCARNG.  His DD Form 214 (Report of Separation from Active Duty) for the period ending 16 May 1975 shows he was released from ACDUTRA in the rank/pay grade of private 
(PV2)/E-2 with a date of rank of 13 March 1975.

4.  His service record contains a Certificate of Training, dated 8 May 1976, which indicates his rank as private first class (PFC).

5.  He was discharged from the DCARNG on 12 June 1979 in the rank of 
PV2/E-2 and involuntarily ordered to active duty.

6.  He was ordered to active duty on 13 June 1979 as a member of the U.S. Army Reserve (USAR).

7.  His DA Form 2-1, reviewed by the applicant on 9 November 1979, indicates he graduated from Winsin High School in 1976.

8.  On 19 March 1980, he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for failing to go at the time prescribed to his appointed place of duty.  This Article 15 shows his rank as PV2.

9.  On 16 April 1980, his unit commander notified him of his proposed discharge action under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-31, governing the Expeditious Discharge Program (EDP).  The unit commander cited the basis for the proposed actions as the applicant's poor attitude, lack of motivation, inability to adapt, and failure to demonstrate promotion potential.  The applicant was advised of his rights.  He acknowledged notification of the separation action, and he did not consult with legal counsel or submit statements in his own behalf.

10.  The separation authority approved separation action under the provisions of Army Regulation 635-200, paragraph 5-31, with the issuance of an Honorable Discharge Certificate.

11.  On 1 May 1980, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-31h(1), EDP due to failure to maintain acceptable standards for retention.  His DD Form 214 for the period ending 1 May 1980 indicates he was discharged as a PV2/E-2.

12.  His DD Form 214 for the period ending 1 May 1980 shows he was given an RE code of RE-3 and a separation program designator (SPD) code of "JGH" (EDP – failure to maintain acceptable standards for retention).

13.  His service record does not include evidence that indicates he was advanced above the rank of PFC/E-3 or that he graduated from Woodfield High School in 1974.

14.  On 20 July 2011, he sent email to the President and explained the injustice done to him by the military.  He states:

* he lost his guardians when he was 16 years old and he joined the ARNG because he had nowhere else to go
* he had difficulty finding a job in the Reserve so he requested to be placed on active duty
* he wanted to have a career in the military 
* he was allowed to attend his grandmother's funeral by the base commander, but when he returned he was struck in the face by his platoon SGT who had no knowledge he was on leave
* he was given an honorable discharge, a reduction in rank, and an RE-3 code because he was assaulted by a white SGT

15.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from the Army.  Paragraph 5-31, in effect at the time, governed the EDP.  This program provided that members who demonstrated they could not or would not meet acceptable standards required of enlisted personnel in the Army because of existence of one or more of the following conditions may be separated when they failed to respond to counseling:

* poor attitude
* lack of motivation
* lack of self-discipline
* inability to adapt socially or emotionally
* failure to demonstrate promotion potential

16.  Army Regulation 635-5-1 (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 states that SPD code "JGH" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-31h(2), by reason of the EDP (failure to maintain acceptable standards for retention).  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of "JGH."

17.  Army Regulation 635-200 states 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.

18.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, USAR, and ARNG.  Table 3-1 includes a list of RE codes.

	a.  RE-1 applies to Soldiers completing their terms 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-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.

19.  Army Regulation 640-2-1 (Personnel Qualification Records) prescribes instructions for preparing and maintaining for the DA Forms 2-1 and 2A.  It states the DA Forms 2-1 and 2A are the basic record for enlisted personnel and will be prepared and maintained for Active Army, USAR, and ARNG enlisted personnel.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's requests for issuance of a new DD Form 214 and to show his rank as SGT/E-5 are acknowledged.  However, the evidence of record does not indicate he was ever promoted above the rank of PFC/E-3 while he was in the DCARNG or the USAR.  Therefore, there is no basis for granting this request.

2.  The evidence of record shows he was discharged from active duty on 1 May 1980 in the rank of PV2/E-2 under the provisions of Army Regulation 635-200, paragraph 5-31h(2), by reason of EDP for failure to maintain acceptable standards for retention.

3.  His DD Form 214 for the period ending 1 May 1980 shows he was separated with an SPD code of JGH and assigned an RE code of 3 in accordance with the governing regulation.  Therefore, there is no basis for removing the RE code from his DD Form 214.

4.  His request for benefits is acknowledged.  However, the ABCMR does not correct records solely for the purpose of establishing eligibility for benefits.

5.  His record does not contain evidence showing he graduated from Woodfield High School in 1974.  Therefore, he is not entitled to correction of his records to show this entry.

6.  His email addressed to the President is noted.  However, this document is insufficient as a basis to grant 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 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)                                         AR20110022056



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ABCMR Record of Proceedings (cont)                                         AR20110022056



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