RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 SEPTEMBER 2005
      DOCKET NUMBER:  AR20040010205


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ronald Blakely                |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 eligibility code (RE code)
be changed to allow him to reenlist.

2.  The applicant states that he cannot understand why he received an RE
code of “4” on his separation document.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 May 1992.  The application submitted in this case is
dated 29 October 2004 and was received on 19 November 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 served as a member of the Marine Corps on active duty for
four years, and thereafter in the Marine Corps Reserve for approximately
one year.  He served in the Navy Reserve from June 1984 to June 1987.

4.  The applicant enlisted in the New York Army National Guard on 5 April
1988 and remained with that agency until his discharge on 1 May 1992.

5.  On 8 April 1992 the applicant was reduced from the rank of specialist
to private first class.  On 20 April 1992 the applicant’s commanding
officer recommended that the applicant be discharged because of his
unsatisfactory participation with his National Guard unit.  A retention
control worksheet shows that he was AWOL (absent without leave) on 16
occasions.  His commanding officer also recommended that he be barred from
reenlistment, which was subsequently approved by the proper authority.

6.  On 13 May 1992 orders were published discharging the applicant from the
Army National Guard and transferring him to the Army Reserve Control Group
(Annual Training), effective on 1 May 1992.  The applicant’s report of
separation reflects his discharge on 1 May 1992 and shows a reenlistment
eligibility code    of “4.”  His character of service was under honorable
conditions.

7.  The applicant was discharged from the Army Reserve with an honorable
characterization of service on 16 January 1996.

8.  National Guard Regulation 600-200 provides for the discharge of
enlisted personnel, and states in pertinent part that reenlistment codes
are determined at discharge and provide information concerning the
Soldier’s service in the Army National Guard which will be considered upon
future reenlistment.  If the reason for discharge is waivable the
reenlistment code will be RE 3.  It states that an    RE code of “3” is
appropriate for a Soldier discharged for unsatisfactory participation.

9.  In the processing of this case, an advisory opinion was obtained from
the National Guard Bureau.  That agency indicated that since the applicant
was discharged under honorable conditions, he should not have received an
RE Code 4 on his report of separation and that his report of separation be
corrected to reflect a reenlistment eligibility code of “3.”  The National
Guard Bureau      recommended approval of the applicant’s request.  The
applicant concurred with the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s reenlistment eligibility code of “RE-04” as reflected
on his report of separation and record of service from the Army National
Guard of New York is incorrect.  The correct reenlistment eligibility code
as mandated by National Guard Regulation 600-200 and as indicated by the
National Guard Bureau should be RE 3.

2.  Consequently, the applicant’s 1 May 1992 report of separation and
record of service from the Army National Guard of New York should be
corrected to reflect a reenlistment eligibility code of RE 3.

BOARD VOTE:

__RB ___  __LF  ___  __LD ___  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 the National Guard Bureau correct the
records of the individual concerned by showing that his reenlistment
eligibility code on his         1 May 1992 report of separation and record
of service in the Army National Guard of New York is RE 3, vice the
reenlistment eligibility code of RE-04 shown.





                            _____ Ronald Blakely______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010205                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050927                                |
|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.       |100.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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