RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          10 February 2005
      DOCKET NUMBER:  AR2004107141


      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. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred 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, in effect, that her Reentry (RE) code of RE-3A
on her DD Form 214 (Certificate of Release or Discharge From Active Duty)
be changed to a code of RE-1A.  She also requests that her Separation Code
of "JBK" be changed to a code that will permit reenlistment.


2.  The applicant states, in effect, that she believes the above codes are
wrong because she served 11 years in the United States Army without any
adverse actions being taken against her.  She fulfilled her service
obligation and was separated on her expiration term of service (ETS) date.


3.  The applicant provides in support of her request a letter written in
her own behalf, dated 2 April 2004, in which she states she is an active
member of the Army National Guard and she desires to return to active duty.


CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 September 1991.  The application submitted in this case is
dated 2 April 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.  On 25 July 1980, the applicant enlisted in the Regular Army (RA) and
served continuously thereafter, reenlisting on 8 December 1987, and on 22
September 1989.

4.  On 26 June 1991, the applicant was notified that she was being placed
on orders for an overseas assignment to the Republic of Korea and that she
was required to have a minimum of 12 months of service remaining as of
October 1991.  The applicant's ETS date was 21 September 1991.  She was
required to extend her enlistment to complete the assignment.




5.  On 26 June 1991, the applicant completed a DA Form 4991-R (Declination
of Continued Service Statement) thereby refusing to extend her enlistment
and refusing the overseas assignment to Korea.  She acknowledged that she
had been counseled concerning her refusal to extend her enlistment to
comply with the commitment.  She acknowledged she understood the refusal of
the overseas assignment would affect her Army career.  She initialed a
statement indicating that she understood she was prohibited from
consideration for promotion or advanced schooling; she was prohibited from
applying for reentry into the Active Army for a period of at least 93 days
if separated at normal ETS and at least
2 years if voluntarily separated before ETS; she was prohibited from
reenlistment or extension of enlistment; and that she must obtain a grade
determination from Headquarters, Department of the Army, if approved for
reentry into the Army.

6.  On 21 September 1991, she was honorably separated under the provisions
of chapter 4, Army Regulation 635-200, due to ETS.  She had completed 11
years, 1 month, and 27 days of active military service.  She was assigned a
separation code of JBK and an RE code of RE-3A.

7.  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 enlisting and
processing into the RA and the eligibility for prior service applicants for
enlistment.  That regulation includes a list of Armed Forces RE codes and
RA RE codes.

8.  A code of RE-3A applies to persons not qualified for continued Army
service due to a declination of continued service statement.  However, the
disqualification is waivable.  Soldiers who execute a Declination of
Continued Service Statement are given a RE code of RE-3A.  Local recruiting
personnel have the responsibility of determining whether an individual
meets the current enlistment criteria and of processing requests for
waiver, if appropriate.

9.  A code of RE-1A applies to career Soldiers separated for a second or
subsequent reenlistment.

10.  A separation code of "JBK" applies to RA Soldiers ineligible for,
barred from, or otherwise denied reenlistment when separated on completion
of enlistment.
DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned a separation code of JBK and an RE code of
RE-3A at the time of separation because she was not eligible to reenlist
without a waiver due to the Declination of Continued Service Statement that
she signed.

2.  A code of RE-1A is not appropriate in the applicant's case, because she
was not separated for reenlistment.

3.  There appears to be no basis for removal or waiver of the
disqualification, which established the applicant’s separation and RE
codes.  Both codes are still appropriate.

4.  If the applicant desires to reenlist, she should contact her local
recruiter to determine her eligibility to reenlist.  Recruiting personnel
can best advise her as to the needs of the Army at the current time.  They
are also required to process waivers of RE codes, if appropriate.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 September 1991; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
20 September 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

__fe____  __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 Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004107141                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050210                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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