IN THE CASE OF: BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150009179 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150009179 BOARD DETERMINATION/RECOMMENDATION: 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. _____________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. IN THE CASE OF: BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150009179 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 (Armed Forces of the United States Report of Transfer or Discharge) to show a Reenlistment (RE) Code of 1 (RE-1) and to restore his rank/pay grade to specialist four (SP4/E-4). 2. The applicant states he joined the Regular Army and he wanted to make it his life. He is a combat wounded veteran and he also suffered a head trauma. As a result, he has been diagnosed with post traumatic stress disorder (PTSD), which was not recognized at the time of his discharge. His combat experience and the wounds he received have altered his course. 3. The applicant provides: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * an extract of Army reenlistment codes with definitions * a Patient Inquiries Form, dated 30 September 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. He enlisted in the Regular Army on 1 April 1969. Upon completion of his initial training he served in Vietnam from 13 September 1969 to 12 September 1970 and was awarded the Purple Heart. The highest grade held was SP4/E-4. 3. On 23 December 1971, he was honorably released from active duty. His DD Form 214 shows in: * Item 5a (Grade, Rate or Rank) – private first class (PFC) * Item 5b (Pay Grade) – E-3 * Item 11c (Reason and Authority) – “Para 5-3 AR 635-200 & Part II DA Msg DAPE-MPP 102035Z Dec 71, SPN 21L” * Item 15 (RE Code) – RE-3B &1B * Item 30 (remarks) – the entries “Table 2-5 AR 601-210 Applies. Item 11c: Separation for other good and sufficient reason when determined by secretarial authority and Phasedown Release Programs – Expanded.” and “PMOS Eval Score: None” 4. A review of his military records shows: a. he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on two occasions while assigned to Fort Hood, TX, for being - * absent from his place of duty on 21 December 1970 * absent from his place of duty and missing movement on 2 March 1971 which resulted in his reduction to private first class (PFC/E-3) b. in item 42 (Remarks) of his DA Form 20 (Enlisted Qualification Record) an entry indicating was not qualified to reenlist his (RE-3B and RE-1B) under the provisions of Army Regulation 635-200 (Personnel Separations-Enlisted Personnel), paragraph 5-3, and Part II of Department of the Army (DA) Message “DAPE-MPP 102035Z Dec 71 SPN 434.” It is noted that the SPN was originally listed as “21L” and corrected to read “434.” 5. The applicant provides a printout of a Patient Inquiries Form which shows he was granted 70 percent service connected disability rating for his PTSD. REFERENCES: 1. Army Regulation 635-200, in effect at the time, stated in paragraph 5-33, that the separation of enlisted personnel for the convenience of the Government was the prerogative of the Secretary of the Army and would be accomplished only by his authority. 2. Army Regulation 635-5-1 (Personnel Separations – Separation Program Designators (SPD)), defines the separation codes used on the DD Form 214. The regulation, in effect at the time, shows SPD code "21L" is associated with the narrative reason of separation for good and sufficient reason when determined by secretarial authority. The SPD Code of “434” was used to denote early transition from Vietnam. 3. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve. This regulation prescribes basic eligibility for prior service applicants for enlistment. * RE-1B - applies to individuals who have not been tested to verify primary military occupational specialty (PMOS) during the current term of service, however, are fully qualified for enlistment. * RE-3B - applies Individuals who have time lost during their last period of service. Ineligible for enlistment unless waiver is granted. Applicable to individuals who have time lost during their last period of service. 4. 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. a. Paragraph 2-9 contains guidance on the burden of proof. It states that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant requests an RE-1 and to have his rank restored to SP4. 2. The applicant’s PTSD is not in question. The evidence is insufficient to determine whether his PTSD was the proximate cause of the misconduct which led to his reduction to PFC. 3. His DD Form 214 lists the RE Codes of 3B and 1B, of which only the RE-3B prevented him from reenlistment. This RE code is waiverable upon application for reentry in the Army or enlistment in another branch of the Armed Forces. He did not provide evidence to show that he applied for a waiver and was denied. 4. The Board begins its consideration of each case from a presumption of administrative regularity. This means it is assumed, unless proven otherwise by documents available in the record or provided by the applicant, that what the Army did was administratively correct and appropriate for the particular circumstance. In this case, other than a contention he had PTSD, he provides no evidence which might show why the RE codes or the rank listed on his DD Form 214 are incorrect or unjust. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009179 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009179 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2