RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         21 OCTOBER 2004
      DOCKET NUMBER:  AR2004101063


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Ronald Weaver                 |     |Member               |

      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, in effect, that his Reentry (RE) Code and
Separation (SPD) Code be changed to permit him to return to military
service.  A Department of Defense Form 293 (Application for the Review of
Discharge or Dismissal from the Armed Forces of the United States) was
accepted in lieu of a Department of Defense Form 149 (Application for
Correction of Military Record Under the Provisions of Title 10, U.S. Code,
Section 1552).

2.  The applicant states his RE Code is “3” and that his Separation Code is
“JFL” and he needs them changed to enlisted the Army Reserve.  He states
that he will do what is required to do, in order to help in this matter.

3.  The applicant provides a copy of his separation document and a copy of
a Department of Veterans Affairs medical record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 May 1996.  The application submitted in this case is
dated
24 June 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.  Records available to the Board indicated that the applicant entered
active duty on 24 May 1993.  He was trained as a motor transportation
specialist.  Following completion of training, the applicant was assigned
to Fort Sill, Oklahoma, and in April 1995 was promoted to pay grade E-4.
In January 1996 he was reduced to pay grade E-3.  Although the reduction
document is in the applicant’s file, the basis for the reduction is not.

4.  On 12 February 1996 the applicant under went a Medical Evaluation Board
(MEB).  The evaluating physician noted the applicant’s chief complaint as
right shoulder pain and instability.  He noted that the applicant began
having problems with his shoulder “approximately one year ago” and that in
spite of treatment and a significant period of physical therapy the
“condition has not significantly improve.”  He concluded that the applicant
suffered from multidirectional instability of the right shoulder and
recommended referral to a Physical Evaluation Board (PEB).  The applicant
concurred with the findings and recommendation of the MEB.

5.  On 9 April 1996 the applicant underwent an informal PEB which concluded
that his shoulder condition rendered him unfit, rated his condition at 10
percent, and recommend discharge with disability severance pay.  The
applicant concurred and waived his entitlement to a formal hearing.

6.  On 25 May 1996 the applicant was honorably discharged by reason of
disability under the provisions of Army Regulation 635-40, paragraph 4-
24b(3).  He received approximately $6500.00 in disability severance pay.
His RE Code was recorded as “3” and his SPD Code was recorded as “JFL.”

7.  The medical statement submitted in support of the applicant’s request
notes that his shoulder condition does not currently interfere with normal
functions and his current activities would be similar to demands of Army
Reservist.

8.  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 United States
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 applies to those
individuals who were not considered fully qualified for reenlistment or
continuous service at the time of separation, but for which a subsequent
request for waiver could be submitted for the purpose of reenlistment at a
later date under the provisions of Army Regulation 601-210, including
individuals discharged as a result of disability.

9.  Army Regulation 601-210 also states that RE Codes may be changed only
if they are determined to be administratively incorrect.  Individuals who
have correct RE Codes will be processed for a waiver at their request if
otherwise qualified and waiver is authorized.  It specifically notes that
no requirement to change an RE Code exists to qualify for enlistment.  Only
when there is evidence to support an incorrect RE Code or when there is an
administrative error will a request for correction be initiated.  The RE-3
Code is waivable.  However, waivers are dependent on the needs of the
service in which an individual seeks to enlist.

10.  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 Department of Defense 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.
A “cross-reference” chart, provided by officials from the separations
branch at the Human Resources Command-Alexandria, notes that RE-3 is the
appropriate RE Code for individuals who receive an SPD Code of JFL.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged by reason of disability and as such
received an RE-3 and SPD Code of JFL.  The RE and SPD Codes were proper,
based on the reason for his separation.  While the Board sympathizes with
the applicant's contention that he may not be able to return to military
service because of his RE and SPD Codes, it does not, in and of itself,
serve as a basis to change his correctly assigned codes.

2.  The applicant is advised to contact his local Armed Force Recruiting
Office to pursue a waiver request for the purpose of returning to military
service.

3.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 May 1996; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
14 May 1999.  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
timely file in this case.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JA____  ___DJ __  ___RW __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would 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.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ____James Anderholm______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004101063                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041021                                |
|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.       |144.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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