PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:        9 December 1998     
	DOCKET NUMBER:   AC98-08465
	                                   AR1998012245

	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	
	M .Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. Thomas B. Redfern, III		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 he be returned to active duty in pay grade E-6 in any automotive MOS (military occupational specialty), and that an effective date of rank be established, and a waiver of the requirement contained in Army Regulation 601-210, paragraph 3-17d(1), be granted. 

3.  The applicant states that he was discharged from active duty status on 
11 June 1986 as a Chief Warrant Officer Two (CW2).  He attempted to reenlist in the Regular Army under the provisions of 10 U.S.C, section 3258, which governs the enlistment of former officers.  He was not able to do so until such time as the characterization of his service was determined to be honorable.  This did happen on 9 December 1997. 

4.  The applicant’s military records show that he was discharged from the Army on 6 December 1978 with the rank of Staff Sergeant E-6.  His primary
MOS was that of a field artilleryman with a secondary specialty of a utility helicopter repairman.  His character of service was honorable.  He had over        7 years of active service, and 6 months and 10 days of inactive service.  

5.  The applicant entered on active duty as a warrant officer on 
7 December 1978.  He was released from active duty on 11 June 1986 with the rank of CW2 because of failure of selection for promotion, and assigned to the USAR Control Group (Reinforcement) at St. Louis.  He had 7 years, 6 months, and 5 days of service.  His specialty on his DD Form 214 shows that he was an automotive repair technician, MOS 630A0.  Item 24, Character of Service, on that form shows the words, “To Be Determined”.

6.  In a 12 March 1987 letter to a member of congress (MC) an official in the office of the chief of legislative liaison informed the MC that the applicant could have applied for enlistment within 6 months of his separation from active duty officer status, by virtue of his prior Regular Army enlisted service; however, the applicant was undergoing elimination action because of misconduct and moral dereliction based on a conviction of driving while intoxicated, involvement in an alcohol-related hit and run accident, and driving with a suspended license.  Before the elimination action could be completed, he was notified of his second non-selection for promotion, and he requested and was granted, release from active duty.  Because he was undergoing elimination action, his characterization of his service was “To Be Determined”.  The MC was informed that a decision regarding his statutory entitlement could not be made until his elimination action was completed.  If, however, it was determined that his character of service was Honorable, the applicant could apply for further action regarding his entitlement
to enlist.  

7.  On 18 November 1987 a USAR involuntary separation board found that the applicant had completed track II alcohol awareness training, had attended alcohol anonymous meetings, and had demonstrated that he had controlled his alcohol problems; that he had rehabilitated himself and could be an asset to the USAR.  The board recommended that he be retained in the Army Reserve.
The appointing authority approved that recommendation.  The applicant was notified of the board decision in April 1988.  

8.  Included with his documents to this Board is a 23 February 1994 
DD Form 149 requesting that his character of discharge be changed to honorable.  There is no record of any action being taken on this request.

9.  On 23 September 1994 the applicant requested that the Army Discharge Review Board (ADRB) change his discharge to honorable, based on the determination by a USAR involuntary separation board on 18 November 1987, which found in his favor and closed the case.  In a 1997 letter an official of this agency notified a MC that his request was closed without action on 22 May 1995 because the applicant had an application pending before this Board for reconsideration for promotion (as a USAR warrant officer).  The MC was further informed that once the ABCMR case was completed on 29 June 1995, his application for a discharge upgrade should have been resubmitted to the ADRB; unfortunately, it was misplaced, and the applicant was requested to resubmit his request.

10.  On 21 June 1995 this Board granted the applicant’s request to be promoted to CW4 in the Army Reserve under the 1993 promotion criteria.

11.  On 5 December 1997 the Army Discharge Review Board, in an unanimous opinion, granted the applicant’s request to change his character of service on his DD Form 214 to Honorable. 
  
12.  Army Regulation 601-280 provides criteria for the Army retention program. and states in pertinent part that some Reserve officers and warrant officers of  the Army have a statutory entitlement to reenlist in their former enlisted grade. The entitlement period starts on the day after discharge or release from active duty (REFRAD) as an officer and expires six months after that date. This entitlement only applies to soldiers who are currently serving on active duty as Reserve commissioned or warrant officers of the Army if--
 
     a.  They are former enlisted soldiers of the RA and were discharged as 
RA enlisted soldiers to immediately accept commissions or temporary appointments as active duty Reserve commissioned or warrant officers of the  Army (no break in service permitted between RA enlisted and Reserve active duty officer or warrant officer status).
 
     b.  Their commissioned or warrant officer service is terminated by an 
honorable discharge.  Officers or warrant officers discharged with other than an honorable discharge (separation) and those officers awaiting completion of appellate review of a sentence which includes dismissal or dishonorable discharge lose the statutory entitlement to reenlist.

13.  Once released, separated, or discharged from the Active Army, former officers, warrant officers, and enlisted soldiers are referred to Army Regulation 601-210 for information regarding reentry.  Local retention offices are authorized to reenlist soldiers in their former grade or in the grade of SGT, whichever is higher, after telephonic coordination with PERSCOM (Total Army Personnel Command) for receipt of the reenlistment control number (RCN) and MOS determination.  The MOS will be based on the soldier’s experience and the needs of the Army.

14.	Army Regulation 601-210 provides policies, criteria, and procedures for enlistment in the Regular Army.  Chapter 3 prescribes basic eligibility criteria for prior service applicants for enlistment in the RA and USAR, to include age, trainability, education, physical, etc.   Paragraph 3-17 states, in pertinent part, that former officers who have a statutory entitlement to reenlist and applies for enlistment within 6 months after separation from active duty will be enlisted in the enlisted grade held before becoming an officer.  
  
15.  All applications for enlistment and exceptions will be sent to the Commander, PERSCOM, ATTN:  TAPC-EPR-P, 2461 Eisenhower Avenue, Alexandria, Virginia  22331-0457.

CONCLUSIONS:

1.  The provisions of Army Regulation 601-210, paragraph 3-17, which states in effect, that a former warrant officer must apply for enlistment within 6 months  after separation from active duty, in order to reenlist in the enlisted grade he held before becoming a warrant officer, should be waived. 

2.  The applicant should be allowed to reenlist and return to active duty in the Regular Army, if otherwise qualified.  He should be reenlisted in pay grade E-6, or a higher grade as determined by PERSCOM.  The applicant’s return to active duty should be in an automotive MOS, or an MOS in which he is qualified as determined by PERSCOM.  The PERSCOM will determine his date of rank.   

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by waiving the provisions of Army Regulation 601-210, paragraph 3-17, and allowing the applicant to reenlist in the Regular Army, if otherwise qualified.  The applicant will be reenlisted in pay grade E-6, or a higher grade as determined by PERSCOM, and in an automotive MOS, or an MOS in which he is qualified, as determined by PERSCOM.  The PERSCOM will determine his date of rank. 

BOARD VOTE:  

___jh___  __fne___  ___tbr__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON