RECORD OF PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           25 November 2003
	DOCKET NUMBER:   AR2003091375

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

	Mr. Carl W. S. Chun		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Yolanda Maldonado		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his Reentry Eligibility (RE) code be changed from RE-3 to RE-1.

2.  The applicant states that he completed his enlistment as assigned.  He states that after two years in the National Guard, he would like to enter active Air Force and retire.  He also states that he has a newborn child and needs stable and secure employment for himself and his child.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 11 March 1997.  The application submitted in this case is dated 14 May 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 12 March 1991 for a period of six years.  He completed the required training and served in Germany as an information systems operator.  He was promoted to sergeant on 14 December 1995.

4.  The applicant's commander initiated a bar to reenlistment against him on 11 September 1996.  He elected to submit a statement in his own behalf; however, the statement is not available.  The bar to reenlistment was approved on 20 September 1996 and the applicant elected not to appeal the bar to reenlistment.

5.  He was honorably released from active duty on 11 March 1997 under the provisions of Army Regulation 635-200, chapter 4 at the completion of his required active service.  His DD Form 214 shows an RE code of RE-3 and a Separation Program Designator (SPD) code of “LBK” (Completion of Required Active Service).

6.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  The regulation, in effect at the time, shows that the SPD code “LBK” as shown on the applicant’s DD Form 214 specifies the narrative reason for separation as involuntary release or transfer for “Completion of Required Active Service” and that the authority for separation under this separation program designator is “AR 635-200, Chapter 4”.  Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE code 3 as the proper reentry code to assign to soldiers separated for this reason.

7.  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 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes.  The regulation states that 
RE–3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was barred from reenlistment in September 1996.

2.  The applicant was released from active duty on 11 March 1997 under the provisions of Army Regulation 635-200, chapter 4 at the completion of his required active service with the bar to reenlistment in effect.

3.  The evidence of record shows the applicant was separated with a separation code of "LBK" and was assigned an RE code of RE-3 in accordance with the governing regulation in effect at the time.  

4.  There is no evidence of record which shows the reentry code issued to him was in error or unjust.  However, the applicant's disqualification for reentry is waivable under Army enlistment criteria.  If he still desires to enter the active Air Force, he can contact his local recruiter to determine if he is eligible for applying for a waiver under current Air Force enlistment criteria.

5.  Records show the applicant should have discovered the error or injustice now under consideration on 11 March 1997; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 11 March 2000.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

RVO_____  LEM_____  YM______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  

		Raymond V. O'Connor___
		        CHAIRPERSON

INDEX

CASE ID	AR2003091375	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031125	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19970311	
DISCHARGE AUTHORITY	AR635-200,chapter 4 . . . . .  	
DISCHARGE REASON	Completion of Required Active Service	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.