APPLICANT REQUESTS:  In effect, correction of his DD Form 214 to show he had only 10 days of lost time, not 30.

APPLICANT STATES:  That his bar to reenlistment was due to the prejudice of his commander.  The incorrect lost time happened in 1974 at Fort Riley, KS

EVIDENCE OF RECORD:  The applicant’s military records show: 

He enlisted in the Regular Army on 2 November 1972.  He completed basic training and advanced individual training and was awarded military occupational specialty 11E (Armor Crewman).

Between February 1973 and April 1976, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice on seven different occasions for offenses such as violating a lawful general regulation by consuming an alcoholic beverage in the installation theater, being absent without leave (AWOL) from 23 July - 7 August 1973, sleeping on guard duty, being derelict in the performance of his duties, communicating a threat to injure, and disobeying a lawful order.

The applicant was honorably released from active duty on 10 November 1976, for completion of required active service, in pay grade E-3 with reentry codes of RE-3B and 3C.  He had completed 3 years, 11 months and 24 days of creditable active service and had 15 days of lost time.  

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.  RE code 3B meant the soldier had lost time during his last period of service; code 3C meant the soldier did not meet the reentry grade and service criteria of Army Regulation 601-210.

Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the U.S. Army Reserve.  In pertinent part, it prescribes that a Private First Class would not be eligible to reenlist if the term of his enlistment, when added to his previous active federal service (AFS), would exceed more than 5 years AFS.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant’s DD Form 214 does not reflect 30 days lost time, it reflects    15 days lost time.  This is the period for which the applicant accepted non-judicial punishment in 1973.

3.  There is no evidence of a bar to reenlistment in the applicant’s records. The reentry codes he received do effectively bar him from reenlistment; however, they were and are still appropriate considering the grade he held at time of separation and the fact he did have 15 days of lost time during that enlistment.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                                Loren G. Harrell
					 	Director