BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160001329 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ____x____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160001329 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal (3rd Award) to his DD Form 214. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the National Defense Service Medal, Global War on Terrorism Service Medal and to changing the Reentry Code 3 on his DD Form 214. _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160001329 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by showing he was authorized three awards of the Army Commendation Medal (ARCOM), the Global War on Terrorism Service Medal (GWOTSM), and the National Defense Service Medal (NDSM). He also requests that the Board change his Reentry Code 3 (RE 3) to RE 1. 2. The applicant states the medals discussed above were left off of his DD Form 214. He further believes that the RE 3 should not make it impossible for him to get a waiver to reenlist. He argues that a family emergency resulted in his hardship discharge. 3. The applicant provides: * A DA Form 638 (Recommendation for Award), dated 5 September 2006 * A DA Form 4980 (Certificate for Award of the ARCOM) for 10 October 2004 to 1 October 2006 * A DA Form 638, dated in October 2007 * A DA Form 4980 for 9 October 2006 to 9 October 2007 * A DA Form 638, dated 31 July 2009 * A DA Form 4980, for 2 December 2008 to 4 December 2009 * An Enlisted Record Brief, dated 1 August 2014 * A DD Form 214 (Member copy 4) ending on 9 November 2014 CONSIDERATION OF EVIDENCE: 1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. On 6 May 2004, the applicant enlisted in the Regular Army. 3. A DA Form 638, dated 5 September 2006, shows that Permanent Order Number 258-001, was issued announcing the applicant’s first award of the ARCOM for meritorious service from 10 October 2004 to 1 October 2006. 4. On 23 August 2007, the applicant reenlisted in the Regular Army. 5. A DA Form 638, dated in October 2007, shows that Permanent Order Number 269-001, was issued announcing the applicant’s second award of the ARCOM for meritorious service from 9 October 2006 to 9 October 2007. 6. A DA Form 638, dated in September 2009, shows that Permanent Order Number 242-118, was issued announcing the applicant’s third award of the ARCOM for meritorious service from 9 October 2006 to 9 October 2007. 7. On 1 January 2011, the applicant attained the rank of staff sergeant, pay grade E-6. 8. On 9 November 2014, the applicant was honorably discharged under the provisions of Army Regulation 635-200, due to non-retention on active duty. Accordingly, he was given a Separation Program Designator (SPD) Code of JGH and an RE 3. He was authorized involuntary separation pay in the amount of $20,988.45. His DD Form 214 shows his decorations, service medals and badges as: * Afghanistan Campaign Medal with 2 campaign stars * Iraq Campaign Medal with 2 campaign stars * Army Achievement Medal (5 awards) * Meritorious Unit Commendation (2 awards) * U.S. Army/U.S. Air Force Presidential Unit Citation * Army superior Unit Award * Army Good Conduct Medal (3 awards) * National Defense Service Medal * Global War on Terrorism Service Medal * Korea Defense Service Medal * Non-Commissioned Officer Professional Development Ribbon 3 awards) * Army Service Ribbon * Overseas Service Ribbon (2 awards) * North Atlantic Treaty Organization Medal * Combat Action Badge * Basic Aviation Badge * Parachutist Badge * Expert Marksmanship Qualification Badge with Carbine Bar REFERENCES: Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes. RE 3 applies to persons separated from their last period of service with a waivable disqualification. That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect. DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected by showing he was authorized three awards of the ARCOM, the GWOTSM) and the NDSM. He also requests that the Board change his RE 3 to RE 1 so that he does not have to request a waiver to reenter the military. 2. The available evidence shows that the applicant was awarded three ARCOM medals which were not included on his DD Form 214. 3. A review of the applicant’s DD Form 214 revealed that both his NDSM and GWOTSM were included. Accordingly, there is no error concerning these two medals. 4. The available evidence shows that the applicant was involuntarily discharged and given an RE 3. The applicant’s desire to reenter the military without having to obtain a waiver is understood; however, there is no apparent error or injustice in this action to support changing his RE code. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001329 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001329 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2