BOARD DATE:	  25 September 2014

		DOCKET NUMBER:  AR20140002595 


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 the Multinational Force and Observers Medal.  He also requests correction of his reentry eligibility (RE) code.

2.  The applicant states the Multinational Force and Observers Medal is missing from his DD Form 214.  He also states he was medically extended past his original expiration term of service (ETS) date and records show his reenlistment code indicates he was absent without leave (AWOL).  However, he was in Blanchfield Community Hospital at Fort Campbell, Kentucky.

3.  The applicant provides no additional evidence.

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 10 August 1983, the applicant enlisted in the Regular Army (RA).  He completed training and was awarded military occupational specialty 95B (Military Police).  The highest rank he held was private first class/pay grade E-3.

3.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show he was awarded the Multinational Force and Observers Medal.

4.  A DA Form 3647-1 (Inpatient Treatment Record Cover Sheet), dated 20 August 1985, shows the Blanchfield Army Community Hospital showed he had 67 total sick days due to a motorcycle accident on 14 June 1985.

5.  His record contains a Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell memorandum, subject:  Line of Duty Determination [Applicant], dated 8 October 1985.  The memorandum indicates a completed report of investigation pertaining to the applicant's injury sustained on 14 June 1985 resulted in a final determination of not in line of duty – due to own misconduct.  It stated that in accordance with Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 1-23a(6), the period from 14 June 1985 through 20 August 1985 during which he was unable to perform duty as a result of this injury was considered time lost to be made good.  His personnel records would be annotated to reflect this period as time lost.  The memorandum stated he was to be advised of his right to appeal this determination.  It is not known if he submitted an appeal.
 
6.  On 14 November 1986, he was honorably released from active duty.  He completed 3 years and 27 days of creditable active service.  His DD Form 214 shows he was awarded or authorized the:

* Army Service Ribbon
* Army Good Conduct Medal
* Air Assault Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar

7.  His DD Form 214 further shows in:

* item 25 (Separation Authority) - "CHAPTER 4, AR 635-200"
* item 26 (Separation (SPD) Code) - "LBK"
* item 27 (RE Code) - "RE-3B, 3C"
* item 28 (Narrative Reason for Separation) - "EXPIRATION TERM OF SERVICE"
* Item 29 (Dates of Time Lost During This Period) - "TIME LOST UNDER TITLE 10 USC 972 DATE:  850614-850820" 

8.  A review of his record failed to reveal an order awarding him the Multinational Force and Observers Medal or any evidence that he served with the Multinational Force and Observers in the Sinai, Egypt.

9.  Army Regulation 600-8-22 (Military Awards) states the Multinational Force and Observers Medal was accepted by the President for the U.S. Armed Forces on 28 July 1982.  To qualify for the award, personnel must have served with the Multinational Force and Observers at least 90 days cumulative after 3 August 1981.  Effective 15 March 1985, personnel must serve 6 months (170 days minimum) with the Multinational Force and Observers to qualify for the award.  Periods of service on behalf of the Multinational Force and Observers outside of the Sinai and periods of leave while a member is serving with the Multinational Force and Observers may be counted toward eligibility for the Multinational Force and Observers Medal.  If an individual has not completed a cumulative 6-month tour, then he or she is not eligible for award of the Multinational Force and Observers Medal unless the award is to be made posthumously, the member is medically evacuated due to service incurred injuries or serious illness, or the member is withdrawn at the request of the parent government for national service reasons under honorable conditions.  Qualifying time for award of the Multinational Force and Observers Medal may be lost for disciplinary reasons.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 states a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.  Paragraph 1-21 states every Soldier in active Federal service who is unable for more than 1 day to perform duty will complete the full term of service or obligation, exclusive of such time lost.  The term will be served when the Soldier returns to full duty status.

	a.  Time lost refers, in pertinent part, to periods of more than 1 day when a Soldier on active duty cannot perform duty because of disease or injury but are the result of Soldier’s misconduct.

	b.  Time lost during an enlistment period will be made good at the end of the enlistment period.

11.  Army Regulation 601-280 (Army Retention Program) states a Soldier in the rank of private two or private first class may not exceed the retention control point of 3 years, by more than 29 days before expiration of contracted service (reenlistment or extension).

12.  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 stated at the time that SPD code LBK was the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, Chapter 4 by reason of ETS.

   a.  The SPD/RE Code Cross Reference Table stipulated that an RE code of 1, 1A, 1C would be assigned to members separated under these provisions with an SPD code of LBK solely based on the SPD code.
   
   b.  Soldiers with time lost through AWOL or confinement would be assigned "RE-3B."
   
   c.  Soldiers who failed to meet grade and service criteria would be assigned "RE-3C." 

13.  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.  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.

DISCUSSION AND CONCLUSIONS:

1.  His contentions are noted.  However, his record does not support granting his requested relief.

2.  There is no evidence he meets the criteria for award of the Multinational Force and Observers Medal.  Therefore, there is no evidentiary basis for adding this award to his DD Form 214.

3.  His record shows that based on his SPD code, time lost, rank, and length of service there is no evidence of an error in his assigned RE codes.

4.  In view of the foregoing, there is no basis for granting his 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 that 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)                                         AR20140002595



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ABCMR Record of Proceedings (cont)                                         AR20140002595



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