IN THE CASE OF: BOARD DATE: 19 April 2016 DOCKET NUMBER: AR20150009462 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 IN THE CASE OF: BOARD DATE: 19 April 2016 DOCKET NUMBER: AR20150009462 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 issuing a DD Form 215 (Correction to DD Form 214): * deleting from item 30 of his DD Form 214 the entry, "6 Years Elementary School" * adding to item 30 of his DD Form 214 the entries: * "8 Years Elementary School" * "Paragraph 9, AR 601-210 applies" 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 reenlistment code and any additional civilian education. ____________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: 19 April 2016 DOCKET NUMBER: AR20150009462 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 he completed high school and that he was issued reenlistment (RE) code "RE-2." 2. The applicant states item 30 (Remarks) of his DD Form 214 does not show he completed high school and item 15 (Reenlistment Code) shows he was issued code "RE-3A." 3. The applicant provides copies of his DD Form 214 and high school diploma. 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. A DD Form 4 (Enlistment Record – Armed Forces of the United States) shows the applicant enlisted in the Regular Army on 3 January 1967 for a period of 3 years and that he signed the form. Item 24 (Civilian Education) shows in: * block a (Grammar): "8" [Years] and an "x" in the "Yes" box (Graduated) * block b (High School): "0" [Years] and an "x" in the "No" box (Graduated) * block c (College), Degree: "None" * block d (Other Civilian Schools Attended), Degree: "None" 3. His DA Form 20, in pertinent part, shows in: * item 24 (Aptitude Tests): two (2) Aptitude Area scores at or above 90 * item 32 (Civilian Education): William Dick Elementary School, Philadelphia, PA, 6 Years, 1961 * item 42 (Remarks): "RE-3A not fully qualified to reenlist under the provisions of Message (Msg) 081430 November 1969 and Department of the Army (DA), Army Regulation (AR) 635-200 [Personnel Separations – Enlisted Personnel], SPN [Separation Program Number] 201, Honorable, Table 3-1, AR 601-280 applies * item 47 (Signature of Individual), he signed the form on 9 January 1967 * item 48 (Date of Audit), he reviewed the form on 28 May 1968 4. The applicant's DD Form 214 shows he was honorably released from active duty (REFRAD) on 12 December 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had completed 2 years, 11 months, and 10 days of net active service this period that included 1 year of foreign service (Vietnam). It also shows in: * item 11 (Transfer or Discharge Data), block c (Reason and Authority): DA Msg 081430 November 1969 (Office of the Deputy Chief of Staff – Personnel), AR 635-200, Chapter 2, Section VI, SPN 201, Expiration of Term of Service * item 15: "RE-3A" * item 25 (Education and Training Completed): "None" * item 30, in pertinent part, "6 Years Elementary School" * item 32 (Signature of Person Being Transferred or Discharged), his signature 5. A review of the applicant's military service records failed to reveal evidence that he graduated from high school or that he received a General Educational Development (GED) diploma. 6. In support of his application the applicant provides a certified copy of a College Skills Center, Philadelphia, PA, High School Diploma that shows he successfully completed the requirements for the high school diploma on 30 July 1979, as approved by the Commonwealth of Pennsylvania, Department of Education, State Board of Private Academic Schools, and as Accredited by the United Private Academic Schools Association. REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or REFRAD service or control of the Active Army. a. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. b. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions show, in pertinent part, for – * item 15, the "Remarks" section of each enlisted person's qualification record will be checked for eligibility for reenlistment. The applicable code defined below will be entered in item 15 to denote eligibility or ineligibility for reenlistment – * RE-2: Fully qualified for reenlistment, but separated for convenience of Government under a separation which does not contemplate immediate reenlistment * RE-3A: Not eligible for reenlistment unless waiver is granted. This code is applicable only to enlisted persons who do not possess scores of 90 or higher in any three or more aptitude areas of the Army Qualification Battery or the Army Classification Battery, and all DD Forms 214 so coded must cite in item 30, "AR 601-210, paragraph 9, applies" * item 30, for enlisted personnel, enter the highest civilian education level attained as the first entry in this block when not adequately covered in item 25; the information will be taken from the Enlisted Qualification Record DISCUSSION: 1. The applicant contends the civilian education level and RE code recorded on his DD Form 214 should be corrected. 2. Records show on the date of his enlistment in the Regular Army the applicant affirmed that he had completed 8 years of grammar school. He also affirmed that he had completed zero ("0") years of high school and that he had not graduated. a. Item 32 of his DA Form 20 show he completed 6 years of elementary school. b. There is no evidence of record and the applicant provides insufficient evidence that shows he completed any high school equivalency tests, or that he received a GED/high school diploma during the period of service under review. c. The evidence of record shows the applicant was honorably REFRAD on 12 December 1969. He provides evidence that shows he completed the requirements for his high school diploma on 30 July 1979. d. Based on the evidence of record he is not entitled to correction of his DD Form 214 to show he completed high school. However, it would be appropriate to correct item 30 of his DD Form 214 to show he completed 8 years of elementary school. 3. Records show the applicant was REFRAD based on expiration of term of service. a. There is no evidence of record that shows he was separated for convenience of Government under a separation which did not contemplate immediate reenlistment. b. The evidence of record shows he was not fully qualified to reenlist (i.e., not eligible for reenlistment unless waiver is granted) based on his aptitude area scores. c. The evidence of record shows that item 15 of his DD Form 214 shows the correct RE code (i.e., "RE-3A"). However, item 30 of his DD Form 214 does not show the entry, "AR 601-210, paragraph 9, applies." d. Based on the evidence of record he is not entitled to correction of his DD Form 214 to show "RE-2." However, it would be appropriate to correct item 30 of his DD Form 214 to show the entry "AR 601-210, paragraph 9, applies." 4. The applicant is advised that an RE code of "RE-3A" applies to persons who are not considered fully qualified for reentry or continuous service; however, it allows for a waiver of the disqualification. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009462 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009462 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2