PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:  7 June 2000
	DOCKET NUMBER:   AR1999034704

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret Patterson		Chairperson	
	Mr. James P. Stueve		Member	
	Mr. Edwin S. Castle		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, in effect, removal of lost time and his reenlistment (RE) code from his DD Form 214 (report of separation) and addition of all authorized awards.

3.  The applicant states that he made up his lost time and was separated honorably in grade E-4.  He would also like to have his DD Form 214 show all of his awards.

4.  The applicant’s military records show that he enlisted for 3 years and entered active duty on 30 June 1965.  He completed training as a combat engineer and was assigned to Vietnam from 12 December 1965 to 5 December 1966.  He had been promoted to grade E-4 effective 18 August 1966.

5.  His DA Form 20 (qualification record) shows that he was in confinement from 6 to 14 March 1967.  He was convicted by a special court-martial of two AWOL periods totaling 37 days.  He was reduced to grade E-1 effective 25 April 1967 and served 72 days in confinement.

6.  The applicant was punished under Article 15, UCMJ for 1 day AWOL on 22 August 1967.  He was AWOL again from 10 September to 2 November 1967. The records show that he was dropped from the rolls as a deserter on 10 October 1967 and apprehended by the FBI on 2 November 1967 while hiding at his parent’s home.  He was convicted by a special court-martial on 13 December 1967 for the AWOL offense.  His punishment included 6 months confinement at hard labor which was suspended for 6 months.  He served 3 days in confinement.

7.  His available records indicate that he was again assigned to Vietnam from 31 March to 28 November 1968.  He had been promoted again to grade E-4 effective 10 October 1968.

8.  The applicant was separated from active duty with an honorable characterization of service, by reason of overseas returnee, and transferred to the USAR for the remainder of his service obligation.  His DD Form 214 shows that he had 2 years, 11 months, and 10 days creditable service and 173 days lost time.  His RE Code is shown as RE-3B.  The awards listed are the National Defense Service Medal, the Vietnam Campaign Medal, and the Vietnam Service Medal.

9.  In the applicant’s available records are orders for the sharpshooter marksmanship badge with rifle bar and the driver badge with W bar for wheeled vehicles.

10.  AR 600-8-22 provides the policy concerning individual and unit decorations and service medals.  It provides that one bronze service star is authorized for the Vietnam Service Medal for each named campaign credited for the individual.  One silver service star is worn in lieu of five bronze stars.  The regulation also provides that the authorized marksmanship qualification badge with component bar will reflect the qualification last attained.

11.  DA Pamphlet 672-3 provides the authority for unit citations and campaign credit.  The applicant’s unit of assignment during his second tour in Vietnam was awarded the Meritorious Unit Commendation.  During the applicant’s total Vietnam service his units were credited with award of the Vietnam Gallantry Cross with palm and the Vietnam Civil Actions Honor Medal.  Additionally, he is credited with participation in six named campaigns.

12.  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.  RE-3B indicates that a person had lost time during his last enlistment.

13.  Title 10, U.S.C., section 972, lists situations where an enlisted member may be required to make up lost time.  Included on the list are desertions, absence without authority for more than 1 day, confinement for more than 1 day, and awaiting trial or serving sentence if the conviction and/or sentence become final. A member with lost time is liable to serve an additional period equal to the time lost before he is considered to have completed his obligated term of service.

14.  AR 635-5 provides the policy for preparation of separation documents including the DD Form 214.  The regulation specifies that all time from enlistment to separation will be accounted for, including lost time in any category.  There is no provision for removing lost time from the DD Form 214 unless it is in error.

CONCLUSIONS:

1.  The applicant’s records are incomplete concerning his authorized awards and he is entitled to have the Meritorious Unit Commendation, one silver service star and one bronze service star for the Vietnam Service Medal, the sharpshooter marksmanship badge with rifle bar, the driver badge with W bar, the Vietnam Gallantry Cross with palm, and the Vietnam Civil Actions Honor Medal added to his DD Form 214.

2.  Considering all the facts in this case including the evidence of record and applicable regulations he is not entitled to have his lost time and RE code removed from his DD Form 214.  The RE code correctly reflects that he had lost time during that period of service and the lost time recorded is an accurate record of his service.  The applicant has failed to submit evidence that the record of lost time and his RE code is in error or unjust.

3.  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 for the individual concerned by correcting his DD Form 214 to show award of the Meritorious Unit Commendation, one silver service star and one bronze service star for the Vietnam Service Medal, the sharpshooter marksmanship badge with rifle bar, the driver badge with W bar, the Vietnam Gallantry Cross with palm, and the Vietnam Civil Actions Honor Medal.

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

BOARD VOTE:  

__MP___  __JS___  __EC____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____ Margaret Patterson ____
		        CHAIRPERSON

INDEX

CASE ID	AR1999034704	
SUFFIX		
RECON		
DATE BOARDED	20000607	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	100.03	
3.	123.07	
4.		
5.		
6.