RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  13 January 2004
	DOCKET NUMBER:  AR2003088924

	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:

	Ms. Lana E. McGlynn		Chairperson	
	Mr. Patrick H. McGann		Member	
	Mr. Roger W. Able		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that she was separated as a specialist (SPC/E-4).   

2.  The applicant states that her DD Form 214 should show her rank as E-4 and that her Reentry (RE) Code of "3" should be changed to RE "1."

3.  The applicant provides a copy of her DD Form 214 and a letter of explanation.

4.  In her letter of explanation, she states that she entered the Army in 1979 for a period of 4 years.  She completed basic training, advanced individual training, and was assigned to Fort Polk, Louisiana for her permanent duty.  While at Fort Polk, she began studying the Jehovah Witness religious belief, which made it very difficult for her to remain in the military.  Her religion did not believe in the military due to their teaching and she was unduly harassed by her superior officer.  Her superior officer made her clean his office with a toothbrush, prepared an Article 15, Uniform Code of Military Justice (UCMJ), against her, and threatened to put her in confinement if she disobeyed his orders.  She stood by her beliefs and was later discharged.  The evidence made her sound repulsive; however, she never accepted that.  She was denied promotion to E-4, which upset her.  

5.  She is no longer a Jehovah Witness and feels that her promotion to E-4 is now due in order to enlist in the Army Reserve or Army National Guard. 

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error or injustice which occurred on 22 September 1981, the date of her discharge.  The application submitted in this case is dated 19 March 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that she enlisted on 21 August 1979, as a unit supply specialist.  

4.  She was promoted to Private First Class (PFC/E-3) with a date of rank (DOR) and effective date of 21 August 1980.  There is no evidence of record, or evidence submitted by the applicant, that she was recommended or promoted to pay grade E-4.

5.  Item 4a (Grade, Rate, or Rank) of her DD Form 214 shows the entry "PFC" and item 4b (Pay Grade) shows the entry "E-3."  Item 12h (Effective Date of Pay Grade) shows the entry "80 08 21" (21 August 1980).

6.  On 23 February 1981, she was punished under Article 15, UCMJ, for failure to go to her appointed place of duty and for dereliction of duty.  Her punishment consisted of a reduction to Private E-2 (PV2/E-2) (suspended) and 7 days confinement (suspended).

7.  On 10 September 1981, the applicant’s commander initiated action to separate the applicant from the service under the provisions of Army Regulation 
635-200, chapter 5-31h(2), for failure to maintain acceptable standards for retention (Expeditious Discharge Program [EDP]).  He cited as the basis for his recommendation, the applicant’s lack of motivation, inability to adapt to military service, and substandard performance.  

8.  After consulting with counsel, she consented to the proposed discharge action and elected not to submit a statement in her own behalf.

9.  The separation authority approved the recommendation on 10 September 1981 and directed that she be furnished a General Discharge.  The applicant was discharged on 22 September 1981 in the pay grade of E-3.  She had a total of 2 years, 1 month, and 2 days of creditable service.  She was issued an RE Code of "3."

10.  The Department of the Army began testing the EDP in October 1973.  In a message, dated 8 November 1974, the Deputy Chief of Staff for Personnel announced the expansion of the EDP.  The program provided, for the separation of soldiers whose acceptability, performance of duty, and/or potential for continued effective service fall below the standards required for retention in the US Army.  Soldiers may be separated under this program when subjective evaluation or their commanders identifies them as lacking qualities for continued military service because of attitude, motivation, self-discipline, inability to adapt socially or emotionally, or failure to demonstrate promotion potential.

11.  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.

12.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable for reenlistment after a 2-year period has elapsed since discharge.  RE-1 applies to persons completing their term of service (ETS) who are considered qualified to reenter the Army.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was promoted to PFC/E-3 effective 21 August 1980, with a DOR of 21 August 1980.  The applicant has failed to show, through the evidence submitted with her application, that she was advanced to E-4 prior to her discharge on 22 September 1981 or that she was unjustly denied promotion to E-4.  Therefore, she is not entitled to correction of item 4a (Grade, Rate, or Rank) of her DD Form 214 to show the entry "SPC" or correction of item 4b (Pay Grade) to show the entry "E-4."

2.  The applicant has failed to show, through the evidence submitted with her application or the evidence of record, that her separation which resulted in her receiving an RE Code of RE "3" was in error or unjust.  

3.  Records show the applicant should have discovered the error or injustice now under consideration on 22 September 1981; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 21 September 1984.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__lm___  ___pm___  ___ra___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  

		___Lana E. McGlynn____
		        CHAIRPERSON

INDEX

CASE ID	AR2003088924	
SUFFIX		
RECON		
DATE BOARDED	20040113	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19810922	
DISCHARGE AUTHORITY	AR  635-200, chapter 5-31h	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	4/803	
2.		
3.		
4.		
5.		
6.