PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            17 March 1999
	DOCKET NUMBER:   AR1999018647

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Orville W. Troesch Jr.		Member	
	Mr. James P. Steuve		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, in effect that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show a more favorable RE (Reentry) Code, and to show that he was awarded the Good Conduct Medal and the Army Achievement Medal.

3.  The applicant states, in effect, that his RE code of RE 3C is incorrect, promotions to E-4 were frozen during his enlistment, and that his DD Form 214 does not show the award of the Good Conduct Medal and Army Achievement Medal.

4.  The applicant’s military records show he entered active duty on 15 October 1980 and served as a light weapons infantryman.  He was promoted to the pay grade of E-3 on 20 September 1981.

5.  The applicant’s DD Form 214 shows the applicant was awarded the Army Service Ribbon, the Overseas Service Ribbon, and the Sharpshooter Qualification Badge (M16).

6.  The Board notes that the applicant is eligible for the first award of the Good Conduct Medal which is not shown on his DD Form 214.  However, there is no indication in the applicant’s record that show he was awarded the Good Conduct Medal.  There is also no evidence that the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  A review of his records failed to reveal any derogatory information contained in his records.

7.  There is no evidence in the applicant’s records to show that he was awarded the Army Achievement Medal.

8.  The applicant was discharged on 14 October 1983 under the provisions of AR 635-200, chapter 4, at his expiration of term of service.  He had completed 
3 years of creditable service and was issued an RE code of RE “3C”.

9.  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.

10.  RE-3C applies to soldiers who have completed over 4 months of service who do not meet the basic eligibility pay grade requirements of AR 601-280, 
chapter 2, or who have been denied reenlistment under the Qualitative Retention Process under AR 600-200, chapter 4, and who are ineligible for enlistment unless a waiver is granted.
11.  RE-1 applies to persons completing their term of service who are considered qualified to reenter the US Army.

12.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

CONCLUSIONS:

1.  The applicant was separated from the service at his scheduled expiration of term of service (ETS).

2.  Consequently the applicant’s records should be corrected to show that he has a reentry code of RE-1, vice the RE code of RE-3C currently reflected in his records.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the
period 15 October 1980 to 14 October 1983 based on completion of three years of qualifying service.  Therefore, he is entitled to correction of his records to show this award.

4.  There is no evidence of record that shows he was awarded the Army Achievement Medal.  Therefore, he is not entitled to this award.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

	a.  by showing in item 27 of his DD Form 214 that he was issued an RE code of RE-1 on 14 October 1983; and

	b.  by showing in item 13 of his DD Form 214 that he was awarded the first award of the Good Conduct Medal for the period 15 October 1980 to 14 October 1983. 

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

BOARD VOTE:  

TSK_____  OWT____  JPS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Ted S. Kanamine_______
		CHAIRPERSON

INDEX

CASE ID	AR1999018647	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990317	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.	107.00	
3.		
4.		
5.		
6.