BOARD DATE: 9 September 2014
DOCKET NUMBER: AR20130021400
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, in effect, correction of the following items on his DD Form 214 (Certificate of Release or Discharge from Active Duty):
* item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized)
* item 19 (Mailing Address After Separation)
* item 27 (Reenlistment (RE) Code)
2. He states his RE code is wrong, his decorations and badges are incorrect, and his mailing address is incorrect.
3. He provides his DD Form 214 and a Standard Form 180 (Request Pertaining to Military Records).
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. On 15 March 1977, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty 11C (Indirect Fire Infantryman). He was advanced to private first class
(PFC)/E-3 effective 19 June 1978, which was the highest grade he held.
3. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows the Marksman Marksmanship Qualification Badge with Rifle Bar and Expert Marksmanship Qualification Badge with Grenade Bar.
4. On 14 March 1980, he was honorably released from active duty as a PFC/E-3 after completing 3 years of net active service. His DD Form 214 shows in:
* item 13 Marksman Marksmanship Qualification Badge with Rifle Bar and Expert Marksmanship Qualification Badge with Grenade Bar
* item 19 an address in Hammond, CA
* item 27 "RE-3C"
5. His Official Military Personnel File is void of documentation showing he was awarded any badges or decorations other than those entered on his DD Form 214.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated:
* item 13 is self-explanatory
* for item 19, enter the mailing address and county of residence furnished by the individual at time of separation
* for item 27, see chapters 1 and 2 and appendix D of Army Regulation 601280 (Army Reenlistment Program) for RE codes to be entered
7. Army Regulation 601-280, in effect at the time, provided the basic requirements for reenlistment eligibility. The regulation stated, in part, that individuals in pay grades lower than E-4 could not reenlist without a waiver. Appendix D stated that RE code "3C" applied to individuals not eligible for reenlistment unless waiver consideration was permissible and was granted. This RE code was applicable only to individuals who did not meet the grade requirement in the basic eligibility criteria.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not show and the applicant has not provided evidence showing he was awarded any badges or decorations other than those listed on his DD Form 214. There appears to be no basis for changing item 13 of his DD Form 214.
2. He would have provided the mailing address entered in item 19 of his DD Form 214. There is no documentary evidence indicating the entry reflects anything other than the information he provided; therefore, there is no basis for changing the entry in item 19.
3. At the time of his release from active duty, he held pay grade E-3. As a result, he was not eligible to reenlist without a waiver, and the governing regulation specified that he would be assigned RE code "3C." There is no evidence of error in the RE code shown in item 27 of his DD Form 214.
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) AR20130021400
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ABCMR Record of Proceedings (cont) AR20130021400
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