MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            6 February 2001
	DOCKET NUMBER:   AR2000043205

	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. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Walter T. Morrison		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:  In effect, that item 27 (Reenlistment Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed.  He states when he received his separation document he was “bitter” and “truly felt that there was nothing to be said or done.”  He notes that he was “forced to be removed from service” and that “the testing” was not “legal” or done “scientifically.”  He submits no evidence in support of his request.

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:

He initially entered active duty in October 1975 and was discharged for the purpose of reenlistment in 1978 and 1980.

In April 1983, while assigned to a unit in Germany, the applicant’s unit commander initiated action to administratively separate him from active duty under the provisions of Army Regulation 635-200, Chapter 9 for drug abuse rehabilitation failure.  His commander noted the applicant was punished under Article 15 of the Uniform Code of Military Justice in December 1980 for possession of marijuana and in January 1981 for sale of a controlled substance.  In December 1982 he tested positive for “THC” during a 100 percent command directed urinalysis test.  As a result of the positive urinalysis the applicant was referred to the Community Counseling Center but tested positive for “THC” on 
5 April 1983.

The recommendation was approved and on 31 May 1983 the applicant was honorably discharged in pay grade E-4.  Item 27 (Reenlistment (RE) Code) on his 1983 DD Form 214 reflects a RE Code of 3.  In August 1983 the applicant was provided a DD Form 215 (Correction to DD Form 214) to add RE 3C to item 27.

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 3 and 3C applied to individuals who were not qualified for continued Army service although both codes provided that the disqualification could be waived for the purpose of reenlistment.
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 31 May 1983, the date the applicant was discharged.  The time for the applicant to file a request for correction of any error or injustice expired on 31 May 1986.

The application is dated 27 May 2000 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

___rvo__  ___tl___  __wtm___  CONCUR WITH DETERMINATION

    Carl W. S. Chun
    Director, Army Board for Correction
	                of Military Records

INDEX

CASE ID	AR2000043205	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010206	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	142.00	
2.		
3.		
4.		
5.		
6.