PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            26 August 1999
	DOCKET NUMBER:   AR1998013629

	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:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Samuel Calderon		Member	
	Ms. Barbara J. Ellis		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 Narrative Reason for Separation be changed from dependency to hardship, that his reentry code (RE) be changed from RE-3 to RE-1 and restoration of his educational benefits.  He further requests that his Certificate of Release or Discharge (DD Form 214) be corrected to show that he was discharged in the pay grade of E-3 and that all of the awards to which he is entitled be included on his DD Form 214.

3.  The applicant states in effect, that at the time of his discharge his records were not available for review and all of the awards that he received during Operation Desert Storm were omitted from his DD Form 214.

4.  The applicant’s military records show that on 10 April 1990, he enlisted in the Army for 3 years in the pay grade of E-1 and he successfully completed his training as an armor crewman.  On 10 October 1990, he was promoted to the pay grade of E-2.

5.  His DD Form 214 shows that he was awarded the Army Service Ribbon, the National Defense Service Medal, the Army Lapel Button.

6.  On 15 February 1991, the applicant was in Saudi Arabia for Operation Desert Storm when he was authorized 21 days of emergency leave to return home to Oregon as a result of the death of his son.

7.  On 26 February 1991, the Chaplain recommended a compassionate reassignment for the applicant based on the death of his son and the breakup of his marriage.  His stepfather also submitted a letter dated 5 March 1991, asking that he be granted a compassionate reassignment because he was experiencing a tremendous amount of grief.  

8.  On 10 April 1991, he submitted an application for a hardship or dependency discharge.  The appropriate authority approved his request for discharge and directed that he be issued a honorable discharge and assigned a separation code of MDH (dependency).  Accordingly, on 14 June 1991, he was honorably discharged under the provisions of Army Regulation 635-200, chapter 6-3 for dependency.  He had completed 1 year, 2 months and 5 days of total active service and he was assigned an RE Code of RE-3. 

9.  A review of the records fails to show that the applicant was ever promoted to the pay grade of E-3 prior to his discharge.

10.  Army Regulation 636-200 Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 6 of that regulation provides, in pertinent part, for the separation of personnel because of genuine

dependency or hardship.  An application for such separation will be approved when a service member can substantiate that his situation or immediate family's situation has been aggravated to an excessive degree since enlistment, that the condition is not temporary and that discharge will improve the situation.  Paragraph 6-3a of the same regulation provides for the separation of soldiers when death of a immediate family member is involved.

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.

CONCLUSIONS:

1.  There is no evidence of record nor has the applicant submitted any evidence to support his contention that he was promoted to the pay grade of E-3 prior to his discharge.

2.  He submitted a request for hardship or dependency discharge as a result of his son’s death and his marital problems.  He was properly discharged in accordance with Army Regulation 635-200, chapter 6-3 for dependency.

3.  He was assigned an RE code in accordance with Army Regulation 601-210 based on his reason for discharge.  The applicant should note that the RE-3 code is waivable.

4.  The applicant is entitled to the award of Southwest Asia Service Medal, the Kuwait Liberation Medal and the Saudi Arabia Kuwait Liberation Medal, as a result of his service during Operation Desert Storm and his records should be corrected accordingly.

5.  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 showing that the individual concerned is entitled to the awards of the Southwest Asia Service Medal, Kuwait Liberation Medal and the Saudi Arabia Kuwait Liberation Medal as a result of his service during Operation Desert Storm. 

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

BOARD VOTE:  

___sc___  ___be___  __slp ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Shirley L. Powell_____
		        CHAIRPERSON

INDEX

CASE ID	AR1998013629	
SUFFIX		
RECON		
DATE BOARDED	1999/0826	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  120	107.0074	
2.  135	107.0089	
3.  146	107.0100	
4.  310 	131.0000	
5.  191	110.0200	
6.