IN THE CASE OF: BOARD DATE: 9 July 2021 DOCKET NUMBER: AR20210009095 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 October 1996 to show in: * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – awards and ribbons as displayed on his uniform * item 14 (Military Education) – Ranger Indoctrination Program, 3 weeks, 1996 * item 27 (Reentry Code) – reentry eligibility (RE) code 1 (fully eligible for reentry into the Armed Forces without a waiver) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Letter, 30 June 2020 * two photographs * Headquarters, U.S. Army Infantry Center, Fort Benning, Orders 135-1273, 14 May 1996 * DD Form 214 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He joined the U.S. Army in 1995 under contract for military occupational specialty 11B (Infantryman) and U.S. Army Ranger training. He successfully graduated from basic combat training, infantry advanced individual training, airborne school, and the Ranger Indoctrination Program. He was assigned to the 2d Ranger Battalion where he served honorably before extenuating circumstances ended his career. b. Upon reviewing his DD Form 214, he found several errors and is requesting corrections to properly reflect his service. (1) His DD Form 214 is missing his Ranger Indoctrination Program training. He graduated from the Ranger Indoctrination Program in May 1996. He has included a copy of his transfer orders to the 2d Ranger Battalion; a photograph of him at the Ranger Indoctrination Program graduation ceremony; and a photograph of his Class A uniform showing all his ribbons, awards, and, most importantly, the 2d Ranger Battalion Scroll. (2) He would like his RE code changed from RE-3, as he was told he would be eligible for reentry if he accepted the general discharge under honorable conditions that the 2d Ranger Battalion Command Sergeant Major offered him. e. Five years after he accepted his general discharge under honorable conditions from the U.S. Army, the World Trade Center was bombed. He contacted a U.S. Army recruiter and tried to enlist. The recruiter told him that he was ineligible for enlistment. 3. His records show he enlisted in the Regular Army on 29 December 1995. After completing one-station unit training (combined basic combat training and advanced individual training), airborne training, and the Ranger Indoctrination Program, he was assigned to the 2d Battalion, 75th Ranger Regiment, on 25 May 1996. 4. He received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), on 17 September 1996 for being absent from his unit, to wit: Bravo Company, 2d Battalion, 75th Ranger Regiment, Fort Lewis, WA, on or about 6 August 1996 and remaining so absent until 4 September 1996. His punishment consisted of reduction to the rank/grade of private/E-1, forfeiture of $437.00 pay per month for 2 months, and 45 days of restriction and extra duty. 5. On 25 September 1996, he received developmental counseling for being absent without leave from 6 August 1996 through 4 September 1996. His counselor recommended issuance of field-grade nonjudicial punishment and his administrative separation from the U.S. Army. The applicant acknowledged having been counseled and understood the reason for the counseling session. He concurred that the information was accurate and signed the DA Form 4856 (General Counseling Form). 6. The Bravo Company, 2d Battalion, 75th Ranger Regiment, memorandum (Separation under Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 14 (Separation for Misconduct), Paragraph 14-12c(1)), 24 September 1996, from the applicant's company commander notified the applicant that he was initiating action to separate him for the commission of a serious offense. The specific reason for the proposed action was the applicant's absence without leave from on or about 6 August 1996 until on or about 4 September 1996. The applicant's company commander recommended issuance of a general discharge. 7. On 25 September 1996, the applicant acknowledged he had been advised by his consulting counsel of the basis for contemplated action to separate him for misconduct under the provisions of Army Regulation 635-200, chapter 14, and its effects; the rights available to him; and the effect of any action taken by him in waiving his rights. a. He waived a personal appearance before an administrative separation board on the condition that he receive an honorable discharge. b. He elected to submit statements in his own behalf. (Note: statements in his own behalf are not in evidence for Board review.) c. He understood he might expect to encounter substantial prejudice in civilian life if he were issued a general discharge under honorable conditions. Further, he understood he would be ineligible for enlistment in the U.S. Army for a period of 2 years after his discharge. d. His defense counsel acknowledged having advised the applicant of the basis for his contemplated separation and its effects, the rights available to him, and the effect of a waiver of his rights, and stated the applicant personally made the choices indicated. 8. The 2d Battalion, 75th Ranger Regiment, memorandum (Separation under the Provisions of Army Regulation 635-200, Chapter 14, Paragraph 14-12c(1)), 7 October 1996, from the applicant's battalion commander directed the applicant's discharge from military service for misconduct. The battalion commander further directed issuance of a General Discharge Certificate and waived any further rehabilitative efforts. 9. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: * item 9 (Awards, Decorations, and Campaigns) – * National Defense Service Medal (lined through) * Army Service Ribbon * Parachutist Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Grenade Bar * Item 17 (Civilian Education and Military Schools) – * Basic Airborne, 3 weeks, 1996 * Ranger Indoctrination Program, 3 weeks, 1996 10. He was discharged effective 29 October 1996. He completed 9 months and 2 days of active service during this period. His DD Form 214 shows in: * item 4a (Grade, Rate or Rank) – private one * item 4b (Pay Grade) – E-1 * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar * Parachutist Badge * item 14 (Military Education) – Basic Airborne, 3 Weeks * item 24 (Character of Service) – Under Honorable Conditions (General) * item 25 (Separation Authority) – Army Regulation 635-200, paragraph 14-12c(1) * item 27 (Reentry Code) – 3 * item 28 (Narrative Reason for Separation) – Misconduct * item 29 (Dates of Time Lost During This Period) – 6 August 1996 to 3 September 1996 11. He provided a photograph of his Class A uniform showing award of the National Defense Service Medal, Army Service Ribbon, and Parachutist Badge, and the 2d Battalion, 75th Ranger Regiment, Scroll. BOARD DISCUSSION: 1. The Board carefully considered the applicants request, supporting documents, evidence in the records and published DoD guidance for consideration of discharge upgrade requests. The Board considered the applicant's statement, his record of service, the frequency and nature of his misconduct, the reason for his separation and whether to apply clemency. The Board found insufficient evidence of in-service mitigating factors for the misconduct and the applicant provided no evidence of post- service achievements or letters of support to weigh a clemency determination. Therefore, the Board agreed correcting the reenlistment code as a form of clemency is not warranted. The Board also agreed, his DD Form 214 properly omitted the NDSM as he served during a period in which the medal was not authorized. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XX :XX :XX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): Evidence of record shows the applicant is authorized correction of his DD Form 214 to show he completed the Ranger Indoctrination Program, 3 weeks, 1996, and the award of the Marksman Marksmanship Qualification Badge with Grenade Bar without Board action. REFERENCES: 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 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. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 600-8-22 (Military Awards), 28 March 1995, prescribed Army policy, criteria, and administrative instructions concerning individual military awards. The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive, between 1 January 1961 and 14 August 1974, both dates inclusive, from 2 August 1990 to 30 November 1995, and from 11 September 2001 to a date to be determined. 4. Army Regulation 601-210 (Regular Army and Reserve Components Enlistment Program), 28 February 1995, prescribed eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the U.S. Army Reserve. Chapter 3 prescribed basic eligibility for prior-service applicants for enlistment and included a table of U.S. Army RE codes. * RE-1 applied to persons completing their term of active service who are considered qualified to reenter the U.S. Army, if all other criteria are met * RE-3 applied to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable 5. Army Regulation 635-200, 17 September 1990, set policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. Chapter 14 established policy and prescribed procedures for separation for misconduct because of minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion, and absence without leave. Paragraph 14-12c(1) stated Soldiers are subject to separation per this section for commission of a serious offense, including an absentee returned to military control from a status of absent without leave. 6. Army Regulation 635-5 (Separation Documents), 15 August 1979, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty or control of the Active Army. It established standardized policy for preparation of the DD Form 214. The detailed instructions for item 14 (Military Education) stated to list in-service training courses by title, number of weeks, and year successfully completed during the period of service covered by the DD Form 214. This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210009095 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1