PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:        3 February 1999                      
	DOCKET NUMBER:   AC98-08607
				   AR1999017777

	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	
	Mr.  Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Mark D. Manning		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.  In effect, the applicant requests that he be awarded the oak leaf cluster to the Army Achievement Medal (AAM), and that his reentry code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from RE-3C to RE-1, so that he can reenlist in the Army.  

3.  The applicant states that he received orders for the oak leaf cluster to the AAM, but it was not included on his DD Form 214.  He received an honorable discharge, had no adverse actions against him [during his term of service], and can not understand why he received the reentry code of RE-3C. 

4.  The applicant’s military records show that he enlisted in the Army for 2 years and 16 weeks on 20 March 1991, completed training as an infantryman, and was released from active duty on 9 July 1993 on his ETS (expiration of his term of service) with an honorable characterization of service.  His DD Form 214 indicates that he was awarded the Good Conduct Meal, the Army Service Ribbon, the National Defense Service Medal, the Air Assault Badge, and the AAM, among others.  It does not show a second award of the AAM (oak leaf cluster).  That form shows his reentry code as RE-3C.  His rank at the time of his release from active duty was Private First Class (PFC) E-3.  

5.  The applicant was awarded the AAM on 15 March 1993, and received a second award of that medal per order of the 1st Battalion, 502nd Infantry of the 101st Airborne Division, on 2 June 1993.  

6.  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, then in effect, governs eligibility criteria for enlistment in the Army and table 3-6 of that regulation lists the reenlistment (RE) codes.  RE-3C applies to persons who have completed more than 4 months service who do not meet the basic eligibility pay grade requirements of chapter 2, Army Regulation 601-280, or who have been denied reenlistment under the Qualitative Retention Process according to chapter 10, Army Regulation 601-280.

7.  Army Regulation 601-280 prescribes the criteria for the total Army retention program.  Chapter 2 discusses the basic qualifications for reenlistment.  Paragraph 2-22 states, in effect, that soldiers in the rank of PFC are not authorized to reenlist, except those soldiers who are on a two-year initial enlistment and who will have 24 months or less of active Federal service on the day they are discharged.

CONCLUSIONS:

1.  The applicant received a second award of the AAM, which should be reflected on his DD Form 214. 

2.  The applicant was separated and assigned a reentry code in accordance with regulations then in effect.  There is no basis for removal of the RE code from the applicant's record.

3.  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 applicant was awarded the Army Achievement Medal with first oak leaf cluster.

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

BOARD VOTE:  

__sac___  __fkm___  __mdm__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-08607/AR1999017777	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990203	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2. 110.00		
3.		
4.		
5.		
6.