RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 July 2005
      DOCKET NUMBER:  AR20040007159


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 reenlistment code (RE) code be
upgraded.

2.  The applicant states he completed 99 percent of the schools he was
asked to attend and was not a problem Soldier.  He continues that he had a
secret clearance and he only harmed himself and a RE code 4 is insanely
unjust.

3.  The applicant provides an undated self-authored letter in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 September 1985.  The application submitted in this case
is undated.  However, it was received by the ABCMR on 14 September 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 limitations 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 19 June 1979.  He
completed basic and advanced individual training and was awarded the
military occupational specialty 91B1P (Medical Specialist).

4.  On 14 September 1984, the applicant received nonjudicial punishment
under Article 15, Uniform Code of Military Justice for overindulgence in
intoxicating liquor or drugs.  He was also cited for being incapacitated
for the proper performance of his duties.  His punishment consisted of
reduction to specialist/pay grade E-4 (suspended for six months),
forfeiture of $250 for month, and extra duty for 30 days.

5.  On 20 June 1985, the applicant's unit commander recommended that a bar
to reenlistment be imposed against the applicant for nonjudicial punishment
for violation of Article 134, incapacitation for the proper performance of
duties, and Article 111, operating a passenger car while drunk.  The unit
commander indicated that the applicant had been involved in off duty
alcohol related incidents in spite of counseling concerning his alcohol
abuse.

6.  On 21 July 1985, a locally imposed bar to reenlistment was approved by
the commander of 34th General Hospital in Germany.  The commander directed
that the applicant be counseled and informed of his right to appeal and
apply for immediate discharge.  The General Counseling Form is not
available.  There is no evidence which indicates the applicant submitted an
appeal to the bar to reenlistment.

7.  On 29 July 1985, the applicant requested that he be released from
active duty under the provisions of Army Regulation 635-200, chapter 16 due
to his inability to overcome his bar to reenlistment.  He acknowledged that
he understood that once separated he would not be permitted to reenlist at
a later date.

8.  On 16 August 1985, the appropriate authority approved the request and
directed that the applicant be granted an honorable discharge with a
Separation Program Designator code of KGF and an RE code 3.  The
applicant's DD Form 214 actually shows he received an RE code 4.

9.  On 5 September 1985, the applicant was discharged from active duty with
an honorable discharge under the provisions of Army Regulation 635-200,
paragraph 16-5(b) due to locally imposed bar to reenlistment.  He served
6 years, 2 months and 7 days total active military service.

10.  The applicant provides a self-authored letter in which he stated
that he was honorably discharged and never gave it a second thought until
recently, as the Army was appealing to former veterans to return to
service.  He continued that he was quite surprised to learn that he was
ineligible for reenlistment due to his RE-code.

11.  The applicant further stated that he is willing to serve his country;
especially in a time of war when so many are unwilling to serve.  He
explained that he got into trouble for smelling like alcohol while on duty
which resulted in a reduction in rank and a discharge from the Army.

12.  The applicant maintained that he has done well and has never been
arrested or suspected of drug or alcohol violations and has never drank
anymore after his discharge.  He also stated that he has no criminal
record, is single, in great physical shape and ready for deployment.  He
concluded that the Board should upgrade his RE-code so that he could answer
the call of the President and do his part.



13.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 16 of the version in effect at
that time, covered discharges caused by changes in service obligations.
Paragraph 16-5 applied to personnel denied reenlistment and provided that
Soldiers who received DA imposed or locally imposed bars to reenlistment,
and who perceived that they would be unable to overcome the bar, could have
applied for immediate discharge.  Upon the request for immediate discharge,
the member must have stated that he understood that recoupment of unearned
portions of any enlistment or reenlistment bonus was required and that
later reenlistment was not permitted.

14.  The applicant was separated under the provisions of Army Regulation
635-200, paragraph 16-5B (early separation when member does not believe he
or she can overcome a locally imposed bar to reenlistment) and given a
separation designator code KGF (Headquarters, Department of the Army
imposed bar to reenlistment or locally-imposed bar to reenlistment).  The
SPD/RE Code Cross Reference Table shows RE code 4 for military personnel
with a local bar to reenlistment with 18 or more years of active service
and RE code 3 for those with less than 18 years of service.

15.  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 the discharge.  Army Regulation 601-210
covers the eligibility criteria, policies, and procedures for enlistment
and processing into the Regular Army and the U.S. Army Reserve.  Chapter 3
of that regulation prescribes basic eligibility for prior service
applicant's for enlistment and includes a list of armed forces RE codes.

16.  RE code 4 applies to persons not qualified for continued Army service
and the disqualification is not waivable.  RE code 3 applies to persons not
qualified for continued Army service but the disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code should be upgraded.

2.  At the time the applicant separated in 1985, RE code 4 was the
appropriate code given to any Soldier who separated with a locally-imposed
bar to reenlistment with over 18 years of service.

3.  Evidence of record shows that the applicant served less than 18 years
of service and should have received an RE code 3 upon his discharge.
Therefore, it would be equitable to change the applicant's RE code to 3
which would allow a recruiting official to process a request for waiver of
the disqualification.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 September 1985; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 4 September 1988.  However, it is in the interest of
justice to waive failure to timely file in this case.

BOARD VOTE:

__LCB __  __WDP__  __JBG __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing the applicant received a
reenlistment code of RE-3 upon his separation on 5 September 1985.





                              ___William D. Powers___
                                      CHAIRPERSON





                                    INDEX

|CASE ID                 |AR20040007159                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050728                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.                                    |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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