PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            31 January 2002                  
	DOCKET NUMBER:   AR2001061815

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr. 		Member	
	Ms. Regan K. Smith		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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated of 8 May 1991, to show his prior service, his award of the Army Commendation Medal, all awards and decorations to which he is entitled for his participation in Operation Desert Shield/Storm, and his Reentry (RE) Code 3C be changed to a more favorable code.

3.  The applicant states that his DD Form 214, dated of 8 May 1991, does not show his prior service, Army Commendation Medal, awards and decorations for his participation in Operation Desert Shield/Storm, and that his RE Code of RE “3C” is incorrect.  In support of his application, he submits two DD Forms 214, dated 4 March 1988 and 8 May 1991, and an award certificate for the Army Commendation Medal.

4.  The applicant’s military records show he enlisted in the Delay Entry Program on 29 January 1982.  On 1 September 1982, he enlisted in the Regular Army as a cannon crewmember.  He continued to serve until he was honorably discharged on 4 March 1988, under the provisions of Army Regulation 635-200, chapter 16, due to reduction in force.  He was transferred to the USAR Control Group (Reinforcement).

5.  He enlisted in the USAR on 5 March 1988.  He was ordered to active duty (AD) in support of Operation Desert Shield/ Storm from 15 January to 8 May 1991.  

6.  Item 12c (Net Active Service This Period) of his DD Form 214, dated 4 March 1988, shows the entry “05 06 04” (5 years, 6 months, and 4 days), and item 
12e (Total Prior Inactive Service) the entry “00 07 02” (7 months, and 2 days).

7.  Item 12d (Total Prior Active Service) of his DD Form 214, dated 8 May 1991, shows the entry “SEE BLOCK 18” (See Block 18 (Remarks)), and item 12e (Total Prior Inactive Service) the entry “ SEE BLOCK 18” (See Block 18 (Remarks)).

8.  The applicant’s DD Form 214, dated 8 May 1991, does not show the Army Commendation Medal as an authorized award.  

9.  The applicant provided a copy of an award certificate, dated 1 May 1991, which shows that he was awarded the Army Commendation Medal by Permanent Orders 21-005.

10.  Item 18 (Remarks) of the applicant’s DD Form 214, dated 8 May 1991, shows the entry “SERVICE IN SWA - 910128 to 910506” (Service in Southwest Asia - 28 January to 6 May 1991).

11.  Item 27 (Reenlistment Code) of the applicant’s DD Form 214, dated 4 March 1988, shows the entry “RE 3C”.

12.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 16-8 of this regulation sets forth the requirements for early separation of enlisted personnel due to reduction in force, strength limitations, or budgetary constraints.  The service of personnel separated under this paragraph will be characterized as honorable.

13.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It states, in pertinent part, that item 12d (Total Prior Active Service) will be completed to show the amount of prior active military service, less lost time, if any, and item 12e (Total Prior Inactive Service) will be completed to show the amount of total prior inactive service, less lost time, if any.

14.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia
(KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

15.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

16.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-fire Campaign (12 April 1991 to 30 October 1995).

17.  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.

18.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial
punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapter 9, 10, 13, 14, and 16 of Army Regulation 635-200.

19.  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.

CONCLUSIONS:

1.  The Board notes that the applicant’s total prior active service and total prior inactive service were omitted from the applicant’s DD Form 214, dated 8 May 1991.  

2.  The applicant’s net active service of 5 years, 6 months, and 4 days, as shown on his DD Form 214, dated 4 March 1988, now becomes his total prior active service on his DD Form 214, dated 8 May 1991.  Therefore, he is entitled to correction of item 12d (Total Prior Active Service) of his DD Form 214, dated 8 May 1991, to show the entry “05 06 04” (5 years, 6 months, and 4 days).

3.  The applicant’s total prior inactive service of 7 months, and 2 days, as shown on his DD Form 214, dated 4 March 1988, remains unchanged as shown on his DD Form 214, dated 8 May 1991.  Therefore, he is entitled to correction of item 12e (Total Prior Inactive Service), of his DD Form, dated 8 May 1991, to show the entry “00 07 02” (7 months, and 2 days).

4.  The evidence of record shows that the applicant was awarded the Army Commendation Medal.  Therefore, he is entitled to correction of his records to show this award. 

5.  The evidence of record shows that the applicant served in Southwest Asia from 28 January to 6 May 1991.  Therefore, he is entitled to the SWASM with two bronze service stars, the KLM-SA and the KLM-K and correction of his records to show these awards.

6.  The applicant has failed to show, through the evidence submitted with his application or the evidence of record, that the RE code issued to him was 
incorrect or unjust.

7.  There is no basis for removal of the RE code from the applicant's record. The disqualification upon which the code was based, however, can be waived for reenlistment purposes. 

8.  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 for the individual concerned be corrected: 

a.  by showing in item 12d (Total Prior Active Service) the entry “05 06 04” of his DD Form 214, dated 8 May 1991; 

b.  by showing in item 12e (Total Prior Inactive Service) the entry “00 07 02” of his DD Form 214, dated 8 May 1991;

	c.  by show in item 13 (Decorations and Awards) of his DD Form 214, dated 8 May 1991, that he was awarded the Army Commendation Medal; and

	d.  by showing in item 13 (Decorations and Awards) of his DD Form 214, dated 8 May 1991, that he was awarded the SWASM with two bronze service stars, the KLM-SA and the KLM-K.

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

BOARD VOTE:  

_rvo____  _rks____  _eja____     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  Raymond V. O'Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001061815	
SUFFIX		
RECON		
DATE BOARDED	20020131	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19910508	
DISCHARGE AUTHORITY	AR  635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  	100	
2.		
3.		
4.		
5.		
6.