IN THE CASE OF:	  

		BOARD DATE:	  30 April 2013

		DOCKET NUMBER:  AR20120017252 


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 removal of the entry "NEFR [not eligible for reenlistment]" from the upper left corner of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states:

	a.  His DD Form 214 should not reflect the entry "NEFR."  He does not want it listed when there is no explanation for why it was placed there in the first place.

	b.  He would like to know what the entry "AR 635-200 SPN 201 & Par 4a AR 635-250" on his DD Form 214 means.  He believes it is an error because he received an honorable discharge in 1958.

	c.  He has tried researching to find out what the code "NEFR" means by looking on the Army's website and contacting his local Department of Veterans Affairs (VA) office, the National Personnel Records Center (NPRC), and the U.S. Army Human Resources Command.  No one seems to have any answers as to what it means and why it is on his DD Form 214.  He has an honorable discharge and he would like the "AR" codes to reflect this on his DD Form 214.

3.  He provides:

* DD Form 214
* Standard Form 180 (Request Pertaining to Military Record)
* four letters from the NPRC
* two Certificates of Military Service
* a letter from the VA
* two VA Forms 3288 (Request for and Consent to Release of Information from Claimant's Records)
* VA Form 21-4136 (Statement in Support of Claim)
* Veterans Records verification, signature verification, and mailing instructions

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, a reconstructed record contains sufficient documentation and a DD Form 214 provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows he enlisted in the Regular Army on 1 December 1955 for 3 years.  At the time of his separation he held military occupational 631.10 (Wheel Vehicle Mechanic).

4.  His DD Form 214 shows he was honorably discharged in pay grade E-4 on 28 November 1958.  He was credited with completing 2 years, 11 months, and 28 days of net active service with no lost time.  He was also credited with 1 year, 9 months, and 15 days of foreign service.

5.  His DD Form 214 shows in:

* item 11c (Reason and Authority) – "AR 635-200 SPN 201 and Par 4a AR 635-250" – meaning Army Regulation 635-200 (Personnel Separations), separation program number 201 (expiration of term of enlisted service), and paragraph 4a of Army Regulation 635-250 (Release to National Guard and Army Reserve)
* item 17 (District of Area Command to Which Reservist Transferred) – "NA [not applicable]"
* item 18 (Terminal Date of Reserve Obligation) – "NA"
* item 32 (Remarks) – "Par 10, AR 601-210 Applies" – meaning paragraph 10 of Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) applies

6.  His available records do not contain his conduct and efficiency ratings; however, his DD Form 214 shows award of the Army Good Conduct Medal.

7.  Army Regulation 635-200, dated 6 December 1955, provided for the discharge of enlisted personnel upon expiration of the term of enlisted service.

	a.  Paragraph 8 stated an honorable discharge would be furnished when the individual had conduct ratings of at least "good," had efficiency ratings of at least "fair," had not been convicted by a general court-martial, and had not been convicted more than once by a special court-martial.

	b.  Paragraph 17 stated the reason and authority for separation for enlisted personnel released from active duty and returned or transferred to a Reserve Component by reason of expiration of period for which enlisted, inducted, or ordered to active duty would be Army Regulation 635-200 and Army Regulation 635-250.

	c.  The narrative reason for SPN 201 was "expiration of term of enlisted service."

8.  Army Regulation 635-250 (Release to National Guard and Army Reserve, paragraph 4a stated each male person inducted or initially enlisted n the Regular Army after 19 June 1951 while under 26 years of age who served on active duty for a period of less than 8 years and who meets current qualifications for reenlistment as a reservist of the Army would be transferred to the Army reserve to complete their military service obligation.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation document provided to each individual separated from the Army for release from active duty.  A separation document would be prepared for the individual as documentary evidence of his or her military service.

	a.  Item 17 would specify if the individual was transferred or reverted to the Army Reserve or Army National Guard at the time of separation.
	b.  Item 18 would specify if the individual incurred a service obligation under Title 10, U.S. Code, subsection 651a, and was being returned to State control as a member of the Army National Guard or was being transferred or returned to the Army Reserve for the purpose of satisfying the obligation.  The date (day, month, and year) such service obligation should terminate would be entered.

	c.  Item 32 of each enlisted person's service record would be checked for eligibility or ineligibility for reenlistment and all applicable reentry eligibility (RE) code entries would be entered on the DD Form 214 to denote eligibility or ineligibility for reenlistment.  An entry would be placed above item 1 (Last Name – First Name – Middle Name) on all copies of the DD Form 214.

10.  Army Regulation 635-5, paragraph 16h, stated that RE-4 indicated the individual was ineligible for reenlistment.  All DD Forms 214 so coded must cite the appropriate authority for separation together with "Par 10 AR 601-210 Applies" meaning nonwaivable qualifications.

11.  Army Regulation 601-210, in effect at the time, prescribed the eligibility requirements and administrative procedures for the reenlistment of quality personnel in the Regular Army.  Paragraph 10 stated the following classes are ineligible to reenlist and no waivers would be granted:  a felony conviction, criminal charges pending, under civilian restraint, insane or intoxicated persons, having a venereal disease or a history of venereal disease, unable to produce written evidence of prior service, receiving severance pay, conscientious objectors, enlistment/reenlistment clearly not considered with the interest of national security or refused to sign the Armed Forces Security Questionnaire, desertion, and homosexual tendencies.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and documents were carefully considered and found to have merit.

2.  The evidence shows he was issued a DD Form 214 with the entry "NEFR" in the top left corner.  His available records show he attained pay grade E-4, served overseas, and was awarded the Army Good Conduct Medal.  There is no evidence he was classified as ineligible for reenlistment at the time of separation. 
Due to the passage of time and the fact he would not be eligible for reenlistment at this time – and as a matter of equity in this case – his DD Form 214 should be corrected by deleting this entry.

3.  The evidence shows he was discharged at the expiration of his term of service.  It does not show he was reverted or transferred to the Army National Guard or Army Reserve.  In accordance with regulatory guidance at the time, his DD Form 214 should contain the entry "AR 635-200 SPN 201."  This entry properly identifies an individual separated at the expiration of his or her term of enlistment.

4.  The addition of the entry "AR 635-250" would indicate he was transferred to a Reserve Component or reverted to the Army National Guard, which he was not.  He is therefore entitled to correction to his DD Form 214 to show only the entry "AR 635-200 SPN 201."

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting the entry "NEFR" from the top left corner of the applicant's DD Form 214
* deleting the entry "AR 635-200 SPN 201 & Par 4a AR 635-250" from item 11c of his DD Form 214 and replacing it with the entry 
"AR 635-200 SPN 201"



      ___________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)                                         AR20120017252



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ABCMR Record of Proceedings (cont)                                         AR20120017252



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