RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 February 2005
      DOCKET NUMBER:  AR20040002494


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 that his DD Form 214 (Certificate of Release or
Discharge from Active Duty) for the period ending 16 December 1991 be
corrected to add his reentry (RE) code.

2.  The applicant states that a clerical error was made when his DD Form
214 was prepared.  A government lien was placed on real estate and will not
be removed without this correction.

3.  The applicant provides no supporting evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 December 1991.  The application submitted in this case is
dated 3 June 2004.

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.  After having had prior service, the applicant enlisted in the Army
National Guard (ARNG) on 12 August 1981.  He was voluntarily ordered to
active duty in an Active Guard Reserve (AGR) status on 18 February 1985.

4.  On 16 December 1991, the applicant was involuntarily released from
active duty for an unknown reason with an honorable characterization of
service and transferred back to the Louisiana ARNG.  Item 27 (Reentry Code)
of his DD Form 214 for this period contains the entry "N/A."

5.  The applicant was issued his notification of eligibility for retired
pay at age    60 and on 13 August 1992 he was discharged from the ARNG and
transferred to the U. S. Army Reserve Control Group (Retired).  Item 26
(Reenlistment Eligibility) of his NGB Form 22 (Report of Separation and
Record of Service) contains the entry "RE-1" (fully qualified for immediate
reenlistment).

6.  Army Regulation 635-5 prescribes the separation documents prepared for
soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In the regulation in effect at the time,
the instructions for completing item 27 were to enter "NA" for Army
National Guard of the United States or U. S. Army Reserve members released
after serving active duty for training or ARNG members after serving on
full-time training duty (unless they were separated for cause).  The
regulation currently in effect states that reentry codes are not applicable
to Reserve Component soldiers being separated for other than cause.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant had been involuntarily released from active duty
from an AGR status on 16 December 1991, the available evidence of record
shows  he was not separated for cause (otherwise he would not have received
an honorable characterization of service).  Therefore, item 27 of his DD
Form      214 for the period ending 16 December 1991 properly contains the
entry, "N/A."

2.  The applicant's RE code of "RE-1," meaning he was fully qualified for
immediate reenlistment, was properly entered on his NGB Form 22 when he was
discharged from the ARNG on 13 August 1992.

3.  The applicant should refer his NGB Form 22 for the period ending 13
August 1992 and this Board action to any agency that "requires" an
unauthorized correction to his DD Form 214 regarding his RE code.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 December 1991; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on   15 December 1994.  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

__fne___  __jrs___  __lvb___  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.




            __Fred N. Eichorn_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040002494                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050210                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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