ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 June 2019 DOCKET NUMBER: AR20170007280 APPLICANT REQUESTS: * To add Army Commendation Medal (ARCOM) to her DD Form 214 (Certificate of Release or Discharge from Active Duty) * To have her DD From 214 reflect that she reached her expiration terms of service (ETS) and have a Reenlistment (RE) code of “1” * To have her DD Form 214 reflect 2 terms of service APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * ARCOM, Permanent Order# 99-2 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 that she wishes to have her ARCOM added to her DD Form 214, and she wishes to have her DD Form 214 reflect that she completed two terms of service, and reached her ETS, not chaptered from the Army, but show RE Code - 1. She states her military service is important to her and she would like to record to accurately reflect her decorated service. 3. The applicant provides an ARCOM certificate, dated 13 June 1991. The applicant's official records contain orders awarding her the ARCOM. Therefore, this issue will be addressed in ADMINISTRATIVE NOTES. 4. A review of her service records shows: a. She enlisted on 10 June 1986 in to the Regular Army (RA). a. b. Her DA Form 2-1 (Personnel Qualification Record) reflects that she served in Germany from 9 December 1986 to 11 January 1991. c. On 22 July 1988, she extended her initial enlistment in order to meet the minimum time required to complete Consecutive Overseas Tours. She extended again on 9 July 1990, for the purpose of reaching reenlistment eligibility. The service member was still in her initial term of service. d. On 30 January 1991, she legally changed her name from X to X . e. She was released from active duty on 8 July 1991, under the provision of AR 635-200 ( Personnel Separations – Enlisted Personnel), Chapter 4 (Separation for Expiration of Service Obligation). She was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete her remaining service obligations. f. Her DD Form 214 shows she completed 5 years, and 29 days of active service. It also shows in: * item 23 (Type of Separation), Release from Active Duty * item 24 (Character of Service), Honorable * item 25 (Separation Authority), Army Regulation 635-200, Chapter 4 * Item 26 (Separation Code), LBK (Completion of Required Active Service) * Item 27 RE Code, 3C * item 28 (Narrative Reason for Separation), Expiration Terms of Service g. She was honorably discharged on 28 June 1994 from the USAR upon completion of her 8-year military service obligations. . 5. Enlisted Soldiers who enlisted after 1985 have a "statutory" obligation of 8 years. Upon completion of their contractual active duty obligations, enlisted Soldiers are transferred to the USAR to complete the remainder of their statutory 8 year obligation. 6. By regulation (AR 635-200), Soldiers will be separated upon expiration of enlistment or fulfillment of contractual service obligation. Chapter 4 of AR 635-200 pertains to Soldiers who are separated upon the completion of their contractual service. 7. By regulation (AR 635-8) (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. Block 28 (Narrative Reason for Separation), is based on regulatory or other authority. She serve continuously on active duty from 10 June 1986 to 8 July 1991. 1. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. The ARCOM was provided by the analyst of record in the administrative notes. The applicant’s record shows she separated from the Regular Army upon reaching her ETS. Regulatory guidance provide RE-1 is awarded to Soldiers completing their term of active service, who are considered qualified for enlistment if all other criteria are met. However, her DD Form 214 shows she received a RE-3. Her record is absent derogatory information leading to her separation. The Board agreed her RE Code should reflect the number 1. 2. The applicant’s record shows she extended her enlistment instead of reenlisting. Therefore, the Board agreed there were no immediate reenlistments to annotate on her separation document. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 amending her DD Form 214 by showing a Reenlist Code of “1”: 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 adding immediate reenlistments to the separation document. 6/25/2019 X CHAIRPERSON Signed by: 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): A review of the applicant’s service records shows she is entitled to awards not listed on his DD Form 214. As a result, amend her DD Form 214 to show Army Commendation Medal. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 provides a list of RE codes. * RE code "1" applies to Soldiers completing their term of active service, who are considered qualified for enlistment if all other criteria are met * RE code "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, whose disqualification is waivable – they are ineligible unless a waiver is granted 3. Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), sets 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. Readiness is promoted by maintaining high standards of conduct and performance. Chapter 4 states, a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation. 4. AR 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. Block 28 (Narrative Reason for Separation), is based on regulatory or other authority. //NOTHING FOLLOWS//