PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            28 September 2000                  
	DOCKET NUMBER:    AR2000039329

	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. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Ernest M. Willcher		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 reentry (RE) code be upgraded and the dates of time lost be removed from his DD Form 214 (Separation Document).  He also request that the number of years he served as an infantryman as reflected in Item 11, of the DD Form 214 be corrected.

3.  The applicant implies that if his DD Form 214 is not changed it may have a negative impact on his seeking employment with the Florida Highway Patrol.  In support of his application, he has submitted a statement in which he says that his time lost was the result of his being on leave verified by the Red Cross due to his grandfather’s death.  He was late returning due to flight delays, which he reported to the charge of quarters (one of the responsibilities of the charge of quarters is to log all official phone calls received after duty hours).  The charge of quarters did not log the call and departed for a new assignment the next day.  Upon return he explained the circumstances to his commander and no further action was taken.

4.  The applicant’s military records show he enlisted into the Regular Army on 28 November 1976 and completed training as an 11B10 infantryman.  He was then stationed in Germany, reenlisted on 31 May 1979, and achieved the rank of specialist.  

5.  On 18 March 1980 the applicant was punished under Article 15, Uniform Code of Military Justice (UCMJ) for absent without leave (AWOL) for the period 5 – 8 March 1980.

6.  His DD Form 214 reflects that on 2 June 1982 he was honorably discharged, under the provisions of AR 635-200, Chapter 2, completion of required service, assigned separation code (SPD) of LBK, assigned reentry code RE-3B. His dates of lost time are 5 March 1980 – 7 March 1980.  Item 12, of his DD Form 214 reflects his net active service this period as: 3 years, 0 months, 0 days and total prior active service as: 2 years, 6 months and 2 days.  His total active service period is 5 years, 6 months and 2 days.

7.  The applicant was awarded the military occupational specialty of 95B10, military policeman, effective 12 October 1979 and discharged on 2 June 82, which equates to a period of 2 years, 7 months and 20 days that the applicant served as a military policeman.  When the period served as a military policeman is subtracted from the total active service period it results in the maximum period of 2 years, 10 months, 12 days the applicant could have served as an infantryman.

8.  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. 

9.  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. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. The regulation, in effect at the time of the applicant’s discharge, dictated that an RE code of 3B be assigned to individuals who had accrued time lost during their enlistment due to AWOL or confinement. 

CONCLUSIONS:

1.  The applicant is correct in his contention that the periods reflected in Item 11 of the DD Form 214 for his service period as an infantryman was incorrect.  In addition, it was revealed that his period of service as a military policeman is also incorrect.  Accordingly, his DD Form 214 should be corrected.

2.  The applicant did not dispute the correctness of his reenlistment code or the dates of time lost.  He stated that after explaining the reason for his lateness no further action was taken.  The presence of the Article 15 indicates that the commander did take further action and determined that he was not late, but AWOL.  His implied contention that the Florida Highway patrol may improperly use that information to deny him employment does not warrant the alteration of the DD Form 214.  The Board was satisfied, lacking evidence to the contrary, that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout his separation process.  Further, that the reentry code was properly and equitably assigned, under the provisions of the regulations in effect at the time, and that there is no basis for changing the codes at this time. 

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:

	a.  correcting Item 11 of his DD Form 214 to read: 95B10, Military Policeman, 2 years, 7 months and 20 days; 

	b.  correcting item 11 of his DD Form 214 to read: 11B10, Infantryman, 2 years, 10 months and 12 days; and

	c.  issuing a correction to his DD Form 214 reflecting the above changes.

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

BOARD VOTE:  

___rvo __  ___dph _  ___emw _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2000039329	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000928	
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         1.110.02		
2.		
3.		
4.		
5.		
6.