MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:            4 March 1999      
	DOCKET NUMBER:   AR1999015876

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Raymond J. Wagner		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That her separation designator (SPD) and reenlistment eligibility (RE) codes be changed to allow her to return to active duty.  She states, in effect, she has not been able to secure full-time employment.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

She entered active duty on 29 January 1986 and served continuously until 
1 June 1993 when she was released from active duty by reason of physical disability.

Although documents associated with her disability processing were not available to the Board information contained in her file indicates she was assigned as a supply sergeant in Arlington, Texas when she was transferred to the Medical Holding Detachment at Fort Hood, Texas in April 1993.  Her separation documents indicate she was placed in a leave status (Permanent Change of Station – Home (PCSH)) on 19 May 1993 awaiting “final orders and disposition by the Secretary of the Army” concerning her disability processing.  She was honorably discharged by reason of physical disability on 1 June 1993 with a 10 percent disability rating.  She received $19,189.80 in disability severance pay.  Her DD Form 214 shows an SPD code of JFL and a reenlistment eligibility (RE) code of 4.

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, then in effect, covered eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribed basic eligibility for prior service applicants for enlistment.  That chapter included a list of armed forces RE codes, including RA RE codes.  RE 4 applied to individuals separated from their last period of service with a nonwaivable disqualification, including individuals separated by reason of disability.

Army Regulation 635-5-1 states that SPD codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  This analysis may, in turn, influence changes in separation policy.  SPD codes are not intended to stigmatize an individual in any manner.  SPD Code JFL applies to individuals who are separated by reason of disability and received severance pay.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 1 June 1993, the date the applicant was released from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 1 June 1996.

The application is dated 11 May 1998 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

____cwb_  ___eb___  ___rjw__  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999015876	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990304	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.110.00		
2.142.00		
3.		
4.		
5.		
6.