PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            26 May 1999
	DOCKET NUMBER:   AC98-10912
	AR1998013498

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Arthur A. Omartian		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his reentry (RE) code be reevaluated.  He further requests that the amount of severance pay currently reflected on his Certificate of Release or Discharge from Active Duty (DD Form 214) be removed and that the Air Assault Badge and the Combat Lifesaver Course be added to his DD Form 214.

3.  The applicant states that he was discharged because he had a medical disability and the RE code currently reflected on his DD Form 214 is incorrect because it is too high.  He further states that his DD Form 214 fails to reflect his achievements and it also fails to reflect the amount of severance pay that he actually received.

4.  The applicant’s military records show that after 3 years of total prior active service, he reenlisted in the Army for 3 years in the pay grade of E-4 on 1 August 1989.  He successfully completed his training as an infantryman.

5.  His awards include the Army Service Ribbon, the National Defense Service Medal, the Combat Infantryman Badge, the Overseas Service Ribbon, the Southwest Asia Service Medal with two Bronze Service Stars, the Saudi Arabia Kuwait Liberation Medal, the Army Good Conduct Medal and the Army Lapel Button.

6.  On 2 January 1990, orders were published awarding the applicant the Air Assault Badge for the period covering 16 November 1989 through 4 December 1989.

7.  On 25 July 1991, the applicant was notified that he was being barred from reenlistment due to his lack of motivation.  The bar was approved on 23 August 1991.

8.  On 25 March 1992, he was honorably discharged with severance pay ($19,459.20) under the provisions of Army Regulation 635-40 by reason of physical disability.  He had completed 5 years, 7 months and 24 days of total active service and he was assigned an RE code of RE-3.

9.  A review of the records reveals that on 6 March 1987, the applicant successfully completed the Combat Lifesaver Course.  The records further show that he was entitled to $19,459.20 in severance pay, which is reflected on his DD Form 214.

10.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It states, in pertinent part, that only formal courses of a non-combat skills related nature will be entered on the DD Form 214.

11.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.

12.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment.  

13.  Army Regulation 600-8-22 provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized.  The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.

CONCLUSIONS:

1.  The applicant’s RE code is correct as currently reflected on his DD Form 214 as he was barred from reenlistment on 23 August 1991.

2.  Although he successfully completed the Combat Lifesaver Course, it is a course that is clearly combat skills related in nature and it was appropriately omitted from his DD Form 214.

3.  The applicant has failed to submit evidence that the amount of severance pay reflected on his DD Form 214 is incorrect.  All of the available records show that that he was entitled to and received $19,459.20 in severance pay and there is no basis for removing that information.

3.  Inasmuch as orders were prepared on 2 January 1990, awarding him the Air Assault Badge it would be appropriate to correct his DD Form 214 to reflect his decoration.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by amending the DD Form 214 of the individual concerned to show that he was awarded the Air Assault Badge.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

__mdm__  __aao___  __be____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Mark D. Manning____
		        CHAIRPERSON

INDEX

CASE ID 	AC98-10912/AR1998013498	
SUFFIX		
RECON		
DATE BOARDED	1999/05/26	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  168	107.0122	
2.  291	128.0800	
3.  4	100.0300	
4.		
5.		
6.