PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               27 January 1999               
	DOCKET NUMBER:       AR1999014623

	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. Loren G. Harrell		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. John H. Kern		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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal and the Army Achievement Medal and to change his Reentry Eligibility (RE) Code from RE-3 to RE-1.

3.  The applicant states, in effect, these two awards are not shown on his DD Form 214 and he would like his RE code changed.  In support of his application, the applicant submits certificates of award for the Army Commendation Medal and the Army Achievement and a letter of explanation.

4.  The applicant’s military records show that he enlisted on 15 May 1990 for a period of four years and completed basic and advanced individual training.  He served in Germany from 21 August 1991 to 20 August 1993 and was honorably released from active duty on 30 April 1994.

5.  The applicant’s DD Form 214 does not show the Army Commendation Medal or the Army Achievement Medal as authorized awards.

6.  The applicant was awarded the Army Commendation Medal for meritorious service during the period 21 August 1991 to 14 May 1994 by 205th Military Intelligence Brigade Permanent Orders 5-2, dated 2 February 1994.

7.  The applicant was awarded the Army Achievement Medal for meritorious achievement during Exercise Central Fortress from 9 July 1992 to 21 July 1992 by 302d Military Intelligence Battalion Permanent Order 15-3 (date unknown).

8.  The applicant voluntarily requested early separation to further his education.  The Commander of the 302d Military Intelligence Battalion approved the request for early separation.  He was separated from active duty under the provisions of AR 635-200, Chapter 5, paragraph 5-17 with an honorable discharge to attend school.  His DD Form 214 shows the RE Code as “3”.  

9.  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.  The regulation states that RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal and the Army Achievement Medal; therefore, he is entitled to correction of his records to show these awards.

2.  The applicant’s contention that RE-3 is only given to soldiers with disciplinary actions is not correct.  The Board notes that AR 601-210 shows that RE-3 covers a variety of administrative, medical and disciplinary reasons which require waivers for the purpose of reenlistment.  

3.  The Board notes that the applicant was released from active duty prior to completion of his term of service at his own voluntary request.  At the time of his separation, he received a RE Code-3 which requires a waiver for reenlistment.  In view of his voluntary early release to attend school and the fact that his RE Code can be waived for reenlistment purposes, the Board has determined that his RE Code is correct as currently constituted.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Army Commendation Medal and the Army Achievement Medal.

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

BOARD VOTE:  

JEV____  MKP_____  JHK____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999014623	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990127	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.