RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 January 2006
      DOCKET NUMBER:  AR20050001381


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 the following corrections be made to his DD Form
214 (Certificate of Release or Discharge From Active Duty):

      a.  Block 12a – Change to 19900625 so as to include his delayed entry
program (DEP) time.

      b.  Block 26 – Change separation program designator (SPD) code to
LIF.

      c.  Block 27 – Change reentry (RE) code to RE-1.

2.  The applicant states he served his country honorably with no
nonjudicial punishment (NJP) under Article 15, Uniform Code of Military
Justice, and no unauthorized absences (AWOL).  He adds that his DD Form 214
is hindering his ability to obtain a Federal law enforcement job.

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 October 1993.  The application submitted in this case
is dated 18 January 2005.

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 DEP on 25 June 1990.  He was discharged
from the DEP and enlisted in the Regular Army for 3 years on 27 November
1990.  He served in military occupational specialty (MOS) 16S (MANPADS
Crewmember) and was separated on 1 October 1993.

4.  The applicant's DD Form 214 shows in Block 12a he entered active duty
on 27 November 1990.  It also shows he was honorably separated on 1 October

1993 under the provisions of Army Regulation (AR) 635-200, paragraph 5-3,
by reason of Secretarial authority.  He was assigned an SPD code of LFF and
an RE code of RE-3.

5.  AR 635-5 (Separation Documents) prescribes the separation documents
that must be prepared for Soldiers on retirement, discharge, release from
active duty service, or control of the Active Army.  It establishes
standardized policy for preparing and distributing the DD Form 214
(Certificate of Release or Discharge from Active Duty).  It provides, in
pertinent part:

      a.  Completion of Block 12 (Record of Service) – DEP time that began
on or after 1 January 1985 is not creditable service for pay purposes and
will not be entered in this block.  However, it is creditable service for
completing the statutory MSO (military service obligation), and will be
entered in block 18.

      b.  Completion of Block 26 (Separation Code) – Obtain correct entry
from AR 635-5-1, which provides the corresponding separation program
designator code for the regulatory authority and reason for separation.

      c.  Completion of Block 27 (Reentry Code) – AR 601-210 determines RA
and USAR reentry eligibility and provides regulatory guidance on the RE
codes.

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 LFF as the appropriate code to assign Regular Army enlisted
Soldiers who are honorably discharged or released from active duty under
the provisions of paragraph 5-3 of Army Regulation 635-200, based on a
narrative reason for separation of Secretarial authority.

7.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program), in effect at the time of the applicant's discharge, provides, in
pertinent part, 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 were not considered
fully qualified for reentry or continuous service at the time of
separation, but disqualification is waivable.  The Army regulation further
provides that prior service Army personnel will be advised that RE codes
may be changed only if they are determined to be administratively
incorrect.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to change his date of entry on active duty to
include his DEP time, to change his SPD code, and to change his RE code
were carefully considered.

2.  The applicant’s DEP time is appropriately reflected in block 18 of his
DD Form 214 in accordance with the applicable regulation.  He entered
active duty on
27 November 1990 and block 12a of his DD Form 214 correctly reflects this.

3.  The Separation Code and the associated Narrative Reason for Separation
were appropriate, given the circumstances in this case.

4.  The applicant’s separation processing was accomplished in accordance
with the applicable regulation.  All requirements of law and regulation
were met and 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 at the time of the applicant's discharge was, and remains, valid.

5.  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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 October 1993; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 November 1996.  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

__ji____  __wfc___  __gjp___  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.



                                        John Infante
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001381                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060119                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19931001                                |
|DISCHARGE AUTHORITY     |AR 635-300 C 5-3                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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