RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           12 May 2005
      DOCKET NUMBER:  AR20040006181


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, an upgrade of his reentry (RE) code.


2.  The applicant states, in effect, that he desires to enter active duty
in the Active Guard Reserve (AGR) program, but needs a waiver of his RE-3
code.  He states that he applied for the AGR program in Maryland, but was
told he needed a waiver of his RE-3 code in order to enter the AGR program.


3.  The applicant provides a self-authored statement and a copy of his
separation document (DD Form 214) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that at the time of his application to the
Board, he was serving as a member of the Maryland Army National Guard
(MDARNG), in the rank of sergeant (SGT).  He is currently assigned to the
1st of the
115th Infantry in Silver Springs, Maryland.

2.  The record confirms the applicant served on active duty in the Regular
Army (RA) from 28 June 1988 through 18 March 1996.  On 18 March 1996, he
was honorably released from active duty (REFRAD) in the RA after completing
a total of 8 years and 21 days of active military service.

3.  The DD Form 214 issued to the applicant upon his separation from the RA
contains an entry in Item 18 (Remarks) that shows he was authorized full
involuntary separation pay.  This document further shows that the authority
for his separation was chapter 4, Army Regulation 635-200, and the reason
for his separation was completion of required service.  Based on the
authority and reason for his separation, the applicant was assigned a
separation program designator (SPD) code of JBK and an RE code of RE-3.

4.  There is no indication in the applicant’s record that he has ever
applied for a waiver to enter the AGR program through proper MDARNG
channels and/or that this request was denied.

5.  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.  RE-3 applies to persons who
are not considered fully qualified for reentry or continuous service at the
time of separation but the disqualification is waivable.

6.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities
(regulatory or directive), reasons for separating Soldiers from active
duty, and the SPD codes to be entered on the DD Form 214.  It identifies
the SPD code of JBK as the appropriate code to assign RA Soldiers separated
under the provisions of chapter 4, Army Regulation 635-200, who are
ineligible for, barred from, or otherwise denied reenlistment, who are
separated at the completion of their required service.  The SPD/RE Code
Cross Reference Table establishes RE-3 as the proper RE code to assign
Soldiers separated with an SPD code of JBK.

7.  Army Regulation 135-18 (The AGR Program) prescribes the policy and
procedures for the administration of the AGR program. It also provides Army
policy for the selection, utilization, and administration of Reserve
Component Soldiers for the AGR program.  Chapter 2 outlines the
qualification criteria for entry into the AGR program.  Table 2-2 outlines
waivable disqualifications for entry into the program.  It states, in
pertinent part, that an enlisted Soldier ineligible for reenlistment or
extension is disqualified unless the disqualification can be waived under
the appropriate enlistment/reenlistment regulations.  It further specifies
that if the disqualification is waivable, application should be made under
the appropriate enlistment/reenlistment regulation.

8.  National Guard Regulation 600-5 contains guidance on the AGR program.
It stipulates that the eligibility criteria outlined in Army Regulation 135-
18 must be met.  It further stipulates that requests for waivers will be
submitted to the Chief, National Guard Bureau (NGB), Washington DC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for a waiver to the RE-3 code he received in
conjunction with his separation from the RA and the supporting evidence he
provided were carefully considered.  However, it appears if the RE-3 code
were the only reason for his disqualification from the AGR program, he
could request a waiver through normal personnel channels to the NGB.

2.  The evidence of record confirms the applicant’s RA separation
processing was accomplished in accordance with the applicable regulation.
All requirements of law and regulation were met and that the rights of the
applicant were fully protected throughout the separation process.  As a
result, his separation was proper and equitable, and the RE-3 code he
received was appropriately assigned based on the authority and reason for
his separation.  As a result, the RE-3 code assigned was and remains valid.


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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___FE __  ___LDS__  ___MJF _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




            ____Fred Eichorn________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006181                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/05/12                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1996/03/18                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS-RCP                                 |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|                      2.|100.0300                                |
|4                       |                                        |
|3.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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