PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            12 August 2003
	DOCKET NUMBER:   AR2003085545

	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. Ted S. Kanamine		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		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 Certificate of Release or Discharge (DD Form 214) be corrected to show that he was awarded the Parachutist Badge and that his reentry (RE) code be changed to RE-3.

3.  The applicant states that he was awarded the Parachutist Badge while he was at Fort Benning, Georgia and that the RE code that is currently reflected on his DD Form 214 is incorrect.  In support of his appeal he submits a copy of orders dated 12 December 1985, terminating him from parachute duty; a copy of a certificate of completion dated 9 November 1983, showing that he successfully completed the Airborne Course; and a copy of an education achievement letter showing that the applicant completed College Spanish Levels I & II.

4.  The applicant’s military records show that on 30 July 1981, he enlisted in the Army at Fort McClellan, Alabama, for 3 years in the pay grade of E-1.  He successfully completed his training as a unit supply specialist and he was assigned to A Battery, 2nd Battalion, 321st Field Artillery (Airborne) at Fort Bragg, North Carolina.

5.  On 9 November 1983, while he was still assigned to the 321st Field Artillery, the applicant successfully completed the Airborne Course at the United States Army Infantry School.  He was transferred to Korea on 1 February 1986.

6.  His awards include the Army Commendation Medal, three awards of the Army Achievement Medal, two awards of the Good Conduct Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Noncommissioned Officer Professional Development Ribbon w/Numeral 2, the Army Service Ribbon, the Overseas Service Ribbon w/Numeral 2, the Expert Marksmanship Badge (Rifle M-16) and the Expert Marksmanship Badge (Grenade).

7.  He completed 11 years, 2 months and 23 days of total active service prior to being honorably discharged under the provisions of Army Regulation 635-200, chapter 16-8, due to a reduction in strength under the Qualitative Early Transition Program.  He was assigned an RE-4 code.

8.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Award of the Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-5 applies to personnel denied reenlistment and provides that soldiers who receive DA imposed or locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar may apply for immediate discharge.  Paragraph 16-8 provides that personnel will be notified of the separation by appropriate commanders and be provided the basis for the separation.  Personnel discharged under these chapters will be assigned an RE-4 code.

10.  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.

11.  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 chapters 5, 9, 10, 13, 14, and 16 of Army Regulation 635-200.  A waiting period of 2 years from separation is required before a waiver may be submitted.  RE-4 applies to persons with a 
non-waivable disqualification.

CONCLUSIONS:

1.  An error was made during the preparation of the applicant’s DD Form 214, which resulted in the Parachutist Badge being omitted.

2.  The applicant successfully completed the Airborne Course while he was assigned to the 321st Field Artillery (Airborne) at Fort Bragg, North Carolina.  He clearly was entitled to the Parachutist Badge and his DD Form 214 should be amended accordingly.

3.  However, he was discharged from the Army under the provisions of Army Regulation 635-200, chapter 16-8, due to a reduction in strength under the Qualitative Early Transition Program.  Therefore, he was assigned an RE-4 code in accordance with the applicable regulations.  His DD Form 214 reflects the appropriate RE code considering the reason that the applicant was discharged.

4.  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 Parachutist Badge.

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

BOARD VOTE:  

___tsk __  __wdp___  __fcj____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Ted S. Kanamine____
		        CHAIRPERSON

INDEX

CASE ID	AR2003085545	
SUFFIX		
RECON		
DATE BOARDED	2003/08/12	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  166	107.0119	
3.  4	100.0300	
4.		
5.		
6.