PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            24 April 2003     
	DOCKET NUMBER:   AR2003083508

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Terry L. Placek		Member	
	Mr. Robert L. Duecaster		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 the Primary Leadership Development Course (PLDC) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty), that his reentry (RE) code be changed to 1, and that his separation program designator (SPD) code be changed.

3.  The applicant states that his RE code and SPD indicate that he was kicked out.  He was not kicked out.  He wants to return to service.  As supporting evidence, he provides his DD Form 214; his DA Form 1059 (Service School Academic Evaluation Report) showing he completed PLDC; and his Noncommissioned Officer Evaluation Reports (NCOERs) for the periods April 2000 through March 2001 and April 2001 through August 2001 indicating his successful service.

4.  The applicant’s military records show that, after having had prior service in the Army National Guard, he enlisted in the Regular Army on 5 October 1994.  He was honorably discharged on 23 October 1996 for the purpose of immediately reenlisting on 24 October 1996 for 5 years.

5.  The applicant completed the 4-week PLDC on 13 April 2000.  The DA Form 1059 was also filed on his fiche.

6.  The applicant's NCOER for the period April 2000 through March 2001 shows he received three "excellence" and two "success" ratings from his rater with an "among the best" rater potential evaluation.  His senior rater gave him the highest ratings (1 out of 5) in rating his overall performance and overall potential.  His NCOER for the period April 2001 through August 2001 gave him the same ratings.

7.  On 23 October 2001, the applicant was honorably discharged in pay grade   E-5 after completing his required active service and after completing 7 years,      4 months, and 28 days of creditable active service with no lost time.  His DD Form 214 shows he was separated on temporary records.  It shows he had no military education.  It does not show he was awarded the NCO Professional Development Ribbon (NPDR).  It shows his SPD as JBK (involuntary discharge upon completion of required active service, to be used for Regular Army soldiers (except those with a declination of continued service statement) ineligible for, barred from, or otherwise denied reenlistment who are discharged upon completion of enlistment).  It shows his RE code as 3.

8.  The DA Form 2-1 (Personnel Qualification Record Part II) filed on the applicant's fiche is dated July 1998.  It does not indicate any reason he may have been ineligible for reenlistment as of that date.  No DA Form 2A (Personnel Qualification Record Part I) or Enlisted Record Brief that might have shown a reenlistment eligibility code was available.

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 U.S. 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 code 3 applies to persons not qualified for continued Army service but the disqualification is waivable.  

11.  Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210. 

12.  Army Regulation 600-8-22 (Military Awards) provides for the award of the NPDR for successful completion of designated NCO professional development courses.  It states that the basic NPDR is awarded upon graduation from PLDC.

CONCLUSIONS:

1.  There is sufficient evidence of record to show the applicant completed PLDC. This course should be added to his DD Form 214.  In addition, he is eligible to wear the basic NPDR because he successfully completed PLDC.  The NPDR should also be added to his DD Form 214.

2.  The Board notes that it does not appear there is anything in the applicant's available records to show why he may have been ineligible for reenlistment.  He was not near the retention control point (15 years active service) for E-5s.  The available DA Form 2-1 did not indicate that he had a bar to reenlistment or lost time or indicate any other reason he may have been ineligible for reenlistment.  However, the Board also notes that the available DA Form 2-1 was dated July 1998 and no DA Form 2A or Enlisted Record Brief dated closer to his separation was available.

3.  The Board notes the applicant's last two NCOERs showed that he was an above average soldier.  However, his DD Form 214 indicated that he separated on temporary records.  In the absence of evidence to the contrary (such as a affidavit from his commander or retention NCO), the Board presumes he was given the proper RE code and SPD.

4.  Even so, the applicant's RE code indicates he has a waivable disqualification. He has the right to visit his local recruiting station and apply for a waiver.  He should first exhaust this administrative remedy if he wishes to reenlist.  The Board is not an investigative agency.  His local recruiter could possibly do more extensive research into why he was given RE code 3.  In the event his waiver is denied, he may reapply to the Board with the denial paperwork as supporting evidence.

5.  In view of the foregoing, the applicant’s records should be corrected but only as recommended below.

RECOMMENDATION:

1.  That the applicant's DD Form 214 be amended to show he completed the     4-week PLDC in 2000 and to show he was awarded the NCO Professional Development Ribbon.

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

BOARD VOTE:  

__rvo___  __tlp___  __rld     ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2003083508	
SUFFIX		
RECON		
DATE BOARDED	20030424	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	100.03	
2.	110.00	
3.	100.07	
4.		
5.		
6.