PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 October 2002
	DOCKET NUMBER:   AR2002070855

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, Jr.		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 eligibility (RE) code be changed from RE-3 to RE-1 and that his Certificate of Release or Discharge (DD Form 214) be corrected to show that he was awarded the Army Superior Unit Award (ASUA).

3.  The applicant states that he cannot explain why he was assigned an RE-3 code; however, he believes that it was the resulted of a typographical error that was made during the preparation of his DD Form 214.  He also states that he was awarded the ASUA as he was assigned to the United States Army Chemical Activity on Johnson Island during the appropriate timeframe; however, the award was not issued until after he left the island.  In support of his application he submits copies of documents currently maintained in his Official Military Personnel File; eight letters of recommendation and appreciation from associates and service members dated between 14 June 1993 and 27 June 1995; copies of certificates for awards that he had accumulated over his 11-year period of service; copies of certificates for training the he successfully completed during his period on active duty; certificates of completion for college and correspondence courses that he has successfully completed; and a copies of the citation and certificate awarding the United States Army Chemical Activity, Pacific, the ASUA.

4.  The applicant’s military records show that on 20 March 1985, he enlisted in the Army at Fort Knox, Kentucky, for 3 years in the pay grade of E-1 and he successfully completed his training as an armor crewman.  He remained on active duty through a series of continuous reenlistments and extensions.

5.  On 7 April 1988, after he completed the appropriate training, he was awarded a military policeman military occupational specialty.  He was transferred to the United States Army Chemical Activity on Johnston Island on 29 October 1994.  He returned to the Continental United States on 28 October 1995 and he was assigned to the 401st Military Police Company at Fort Hood, Texas.

6.  On 2 February 1996, the ASUA was awarded to the United States Army Chemical Activity, Pacific for meritorious performance of a difficult and challenging mission for the period covering 1 August 1994 through 31 July 1995.

7.  He was honorably discharged on 14 September 1996, in the pay grade of E-5, under the provisions of Army Regulation 635-200, chapter 4, after the completion of his required active service.  The DD Form 214 that he was furnished at the time of his discharge shows that he had completed 11 years, 5 months and 25 days of total active service and was assigned an RE-3 code.

8.  His DD Form 214 also shows that he was awarded the Army Lapel Button; the Army Commendation Medal (2nd Award); the Army Achievement Medal (3rd Award); the Army Good Conduct Medal (3rd Award); the National Defense Service Medal; the Humanitarian Service Medal; the Noncommissioned Officer’s Professional Development Ribbon; the Army Service Ribbon; the Overseas Service Ribbon (2nd Award); the Overseas Service Ribbon (2nd Award); the Expert Marksmanship Qualification Badge w/Rifle Bar; the Expert Marksmanship Qualification Badge w/Pistol, Small Bore; the Sharpshooter Marksmanship Qualification Badge w/Grenade Bar; the Marksmanship Qualification Badge w/Pistol, Small Bore; and the Parachutist Badge.  However, his DD Form 214 is void of the ASUA.

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.  Army Regulation 601-280, in effect at the time, serves as the authority for establishing retention control points (RCP) for enlisted personnel.  The retention control point is the maximum service allowed by grade that an enlisted soldier may serve on active duty.  The regulation in effect at the time provided that soldiers serving in the pay grade of E-5 could serve no more than 13 years of active Federal service and could not reenlist for a period of less than 2 years.

CONCLUSIONS:

1.  An error was made during the preparation of the applicant’s DD Form 214, which resulted in the omission of the ASUA.

2.  The United States Army Chemical Activity, Pacific was awarded the ASUA on 2 February 1996.  Inasmuch as he was a part of that Activity during the appropriate period, his DD Form 214 should be amended to reflect his award.

3.  However, the applicant’s RE code is correct to indicate that a waiver is required prior to reentry into the Regular Army.  At the time that he was discharged he was ineligible for reenlistment without a waiver, as reenlistment in the Army would have taken him beyond his RCP.  Under current enlistment standards, a waiver is required for grade and service criteria, since the applicant was discharged in the pay grade of E-5 with more than 11 years of active service.

4.  Therefore, he was appropriately separated and assigned an RE code in accordance with regulations then in effect.

5.  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 amending the DD Form 214 of the individual concerned to show that he was awarded the Army Superior Unit Award.

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

BOARD VOTE:  

__eja ___  ___slp___  ___fe ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2002072855	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.  4	100.0300	
3.  46	107.0000	
4.  81	107.0035	
5.		
6.