RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           4 August 2005
      DOCKET NUMBER:  AR20040011586


      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. James E. Anderholm            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. LaVerne M. 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, in effect, a correction to his reentry (RE)
code.

2.  The applicant states, in effect, that upon reaching the expiration of
his term of service (ETS), he was ineligible to reenlist because he did not
meet the citizenship requirement within the required 8-year timeframe.
However, he believes he should have been assigned an RE-3 code instead of
the RE-4 code he received.

3.  The applicant provides his separation document (DD Form 214) and his
Naturalization Certificate in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 15 April 1992.  The application submitted in this case is
dated
6 December 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.  On 15 April 1992, the applicant was honorably separated after
completing a total of 9 years, 1 month and 14 days of active military
service.  The DD Form 214 he was issued upon his separation confirms he
held the rank of staff sergeant (SSG), and that he was separated under the
provisions of chapter 4, Army Regulation 635-200, by reason of ETS.

4.  The applicant’s DD Form 214 further shows that 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-4.
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. Army Regulation 601-210 covers
eligibility criteria, policies, and procedures for enlistment and
processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3
of that regulation prescribes basic eligibility for prior service
applicants for enlistment. That chapter includes a list of armed forces RE
codes, including RA RE codes.  RE-4 applies to persons who are permanently
disqualified for continued Army service, and RE-3 applies to persons who
are ineligible to reenlist, but the disqualification upon which the
ineligibility is based 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 states, in
pertinent part, that the SPD code of JBK is the appropriate code to assign
to Soldiers who are ineligible for, barred from, or otherwise denied
reenlistment who are separated on completion of enlistment.  The SPD/RE
Code Cross Reference Table included in the regulation establishes RE-3 as
the proper code to assign members separated with this SPD code.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that he should have been assigned an RE-3 code
instead of the RE-4 code he received was carefully considered and found to
have merit.

2.  By regulation, members separated upon the completion of their
enlistment who are ineligible for, barred from, or otherwise denied
reenlistment will be assigned a SPD code of JBK, and a corresponding RE
code of RE-3.

3.  The evidence of record in this case confirms the applicant was
ineligible for reenlistment when he was separated at his ETS.  As a result,
he was appropriately assigned a SPD code of JBK.  However, an
administrative error in the preparation of his DD Form 214 resulted in his
being erroneously assigned an RE-4 code, instead of the correct RE code of
RE-3.  Therefore, it would serve the interest of justice and equity to
correct the applicant’s separation document accordingly.

BOARD VOTE:

___JEA  _  ___RTD_  __LMD__  GRANT 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 amending his 15 April 1992 DD Form 214
by deleting the current entry in Item 27 (Reentry Code) and replacing it
with the entry “RE-3”; and by providing him a corrected separation document
that reflects this change.




            ____James E. Anderholm__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011586                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/08/04                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1992/04/15                              |
|DISCHARGE AUTHORITY     |AR 635-200 C4                           |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  04   |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]