IN THE CASE OF:	  

		BOARD DATE:	  4 October 2012

		DOCKET NUMBER:  AR20120004991 


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 correct:

* discharge (separation) code
* date of birth
* service credit
* awards and decorations

2.  The applicant states, in effect, his DD Form 214 aids in his ability to receive available benefits.

3.  The applicant provides:

* birth certificate
* DD Form 214

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.  After having had prior period of service in the Michigan (MI), Georgia (GA), and Mississippi (MS) Army National Guard (ARNG), as well as the U.S. Army Reserve (USAR), the applicant enlisted in the Regular Army on 20 April 2006.  He completed training and was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).  The highest rank/grade he attained while on active duty was specialist/E-4.  

3.  The applicant's National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 26 January 2000 shows:

* he enlisted in the MIARNG on 1 Oct 1998
* his date of birth is shown as "750522" (same as birth certificate)
* he completed 1 year, 3 months, and 26 days of inactive service
* he was awarded the Army Service Ribbon

4.  The applicant's NGB Form 22 for the period ending 12 February 2003 shows:

* he enlisted in the GAARNG on 13 February 2002
* his date of birth is shown as "730522" and is not the same as shown on his birth certificate
* he completed 1 year of service
* he completed 1 year of service for pay
* no awards and decorations are listed

5.  The applicant's NGB Form 22 for the period ending 19 April 2006 shows:

* he enlisted in the MSARNG on 18 August 2004
* his date of birth is shown as "730522" and is not the same as shown on his birth certificate
* he completed 1 year, 8 months, and 2 days of service
* he had 3 years, 10 months, and 29 days of prior Reserve Component service
* he had 1 year, 11 months, and 18 days of prior active Federal service
* he completed a total of 7 years, 6 months, and 19 days service for pay
* he was awarded the Army Service Ribbon, the Army Achievement Medal, the Humanitarian Service Medal, and 2 Mississippi National Guard ribbons

6.  The applicant's DD Form 214 for the period covering 20 April 2006 through 11 May 2007 shows:

* Item 5 (Date of Birth), "19750522"
* Item 12b (Separation Date This Period), "11 May 2007"
* Item 12c (Net Active Service This Period), "1 year and 22 days"
* Item 12d (Total Prior Active Service), does not show any prior active service
* Item 12e (Total Prior Inactive Service), does not show any prior inactive service
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), "National Defense Service Medal"
* Item 24 (Character of Service), "Under Honorable Conditions (General)"
* Item 25 (Separation Authority), Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 13
* Item 26 (Separation Code), "JHJ"
* Item 27 (Reentry Code), "3"
* Item 28 (Narrative Reason for Separation), "Unsatisfactory Performance"

7.  The applicant provides a copy of his birth certificate which shows his birth date as 22 May 1975.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty service and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  

9.  Army Regulation 635-5-1 (Separation Program Designator (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 JHJ is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 13 by reason of unsatisfactory performance.  The SPD/Reentry (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 JHJ.

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

	c.  RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his correct
separation code, birth date, time of service, and awards and decorations was carefully considered.

2.  The applicant was separated for unsatisfactory performance under the provisions of Army Regulation 635-200, chapter 13.  He received a separation code of JHJ with a corresponding RE-3 code.  The assigned SPD and RE codes were and still are consistent with the authority and reason for his separation.  Therefore, this issue is without merit.

3.  The applicant's birth date shown on his DD Form 214 is the same date as shown on his birth certificate.  Therefore, this issue is without merit.

4.  With respect to the applicant's DD Form 214 and his prior active and inactive service, the U.S. Army Human Resources Command should audit the applicant's prior active and inactive service and issue a DD Form 215 (Correction to           DD Form 214) as required.

5.  The applicant completed a qualifying period of service for award of the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  The applicant was previously awarded the Army Service Ribbon, the Army Achievement Medal, and the Humanitarian Service Medal.  Therefore, he is entitled to have these awards and decorations added to his DD Form 214.



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:

a. adding to his DD Form 214 for the period ending 11 May 2007 award of:

* the Global War on Terrorism Service Medal
* the Army Service Ribbon
* the Army Achievement Medal
* the Humanitarian Service Medal

   b.   having the U.S. Army Human Resources Command audit the applicant's prior active and inactive service and issue a DD Form 215 to correct his DD Form 214 for the period ending 11 May 2007 as required.

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 changing his separation code, RE code, and birth date.



      _______ _   _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)                                         AR20120004991



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ABCMR Record of Proceedings (cont)                                         AR20120004991



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