IN THE CASE OF:	  

		BOARD DATE:	  4 September 2012

		DOCKET NUMBER:  AR20120004946 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

* Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) from "63BOO Locomotive Repairman 8 months" to "95B Military Police"
* Item 27 (Reenlistment (RE) Code) from RE-3/3C to a more favorable code

2.  The applicant states after her honorable discharge on 1 October 1982, she joined a U.S. Army Reserve (USAR) unit, the 345th Military Police Company, and her recruiter told her the RE Code was wrong and that he would take care of it.  He never did. 

3.  The applicant provides:

* 1982 DD Form 214
* 1984 USAR Discharge Order

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 USAR under the Delayed Entry Program (DEP) for 6 years on 20 April 1979.  She was discharged from the DEP on 1 October 1979 and enlisted in the Regular Army (RA) for 3 years on 2 October 1979.  

3.  She completed basic combat training and the 8-week law enforcement course under the one station unit training at Fort McClellan, AL, and she was awarded military occupational specialty 95B.  She was assigned to the 4th Military Police Company, Fort Carson, CO, on 31 January 1980.

4.  She was promoted to private first class/E-3 on 2 October 1980.  

5.  On 10 November 1981, she accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice for failure to repair. Her punishment consisted of a reduction to private (PV2)/E-2 and extra duty and restriction. 

6.  On 30 December 1981, her immediate commander initiated a Bar to Reenlistment Certificate against her citing her NJP as well as one instance of a dishonored check and enrollment in the overweight control program since March 1981.  She was provided with a copy of this bar but elected not to submit a statement on her own behalf.  The bar was ultimately approved.

7.  On 3 February 1982, after completing the 3-week Locomotive Repairman Course, she was awarded secondary MOS 63B.  (This was apparently an error.  The “railway” MOSs were in career management field 65.  MOS 65B was Locomotive Repairer.  In the mid-1970s, they became Reserve Forces-only MOSs, and in 1986 the entire career management field was deleted from the force structure.  MOS 63B is Light-Wheel Vehicle Mechanic.)

8.  She was honorably released from active duty in the rank/grade of PV2/E-2 on 1 October 1982 in accordance with chapter 2 of Army Regulation 635-200 (Enlisted Administrative Separations) by reason of completion of her required service. 

9.  She completed 3 years of active service and she was transferred to the USAR Control Group (Reinforcement) to complete her remaining service obligation.  Her DD Form 214 shows in:

* Item 11, the entry 63BOO Locomotive Repairman 8 months
* Item 26 (Separation Code ), the entry LBK
* Item 27, the entry RE-3/3C

10.  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.  SPD Code "LBK" as shown on her DD Form 214 is appropriate for involuntary release from active duty or transfer when the narrative reason for discharge is "Completion of Required Active Service."  LBK is used when the member has completed their required service but is ineligible for, barred from, or otherwise denied reenlistment.

11.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers separated for cause.  It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply.  The Soldier’s file and other pertinent documents must be reviewed in order to make a final determination.  At the time of her discharge, SPD code of "LBK" had a corresponding RE code of "3."

12.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR).  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; 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; they are ineligible for enlistment unless a waiver is granted
* RE-3C was the appropriate code to assign members separated under these regulatory provisions who failed to meet grade and service criteria  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was trained in, held, and was awarded MOS 95B during her service in the Regular Army from 2 October 1979 to 1 October 1982.  She served in this MOS from 31 January 1980 until 1 October 1982, a period of 2 years and 8 months.  Her DD Form 214 inadvertently listed her specialty as 63B.  Therefore, she is entitled to correction of her DD Form 214 to show the correct specialty.  

2.  Although she completed her service honorably, she failed to meet the grade criteria and as such, upon her release from active duty she was assigned RE Code 3/3C, with 3 being not fully qualified for reentry and 3C for the grade restriction/bar to reenlistment.  Her Separation Code of "LBK" is consistent with the basis for her release from active duty due to completion of required service.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 deleting from item 11 the existing entry and adding the entry "95B1O Military Police 2 years, 8 months.

2.  The Board further determined that 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 her Reenlistment Code. 



      _______ _   __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)                                         AR20120004946



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ABCMR Record of Proceedings (cont)                                         AR20120004946



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