RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2005
      DOCKET NUMBER:  AR20050002171


      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. Judy L. Blanchard             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. Carmen Duncan                 |     |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, change his reentry (RE) code from RE-
4 to RE-3 or 2.

2.  The applicant states, in effect, that he was a very good Soldier.  He
was only barred to reenlistment.  He has no nonjudicial punishment under
article 15 and no courts-martial.  He wants to immediately reenlist in the
National Guard.

3.  The applicant provides no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 6 May 1987.  The application submitted in this case is
dated
10 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’s record shows he enlisted in the Regular Army and
entered active duty on 4 January 1977.  He was trained in, awarded and
served in military occupational specialty (MOS) 19K10 (Armor Crewman) and
the highest rank he attained while serving on active duty was sergeant pay
grade E-5.

4.  The record also shows that during his active duty tenure, the applicant
earned the Army Achievement Medal, the Good Conduct Medal (w/Bronze, 3
Loops), the NCO Professional Development Ribbon(Numeral 2), the Army
Service Ribbon, the Marksman Qualification Badge with Rifle Bar and Expert
Qualification Badge with Pistol Bar.

5.  On 9 February 1987, the applicant accepted nonjudicial punishment under
the provisions of Article 15 of the Uniform Code of Military Justice
(UCMJ), for three occasions of the utterance of certain checks and
thereafter dishonorably failing to maintain sufficient funds (writing 10
bad checks totaling $377.22).  His imposed punishment was a reduction to
pay grade E-4, a forfeiture of $509.00 per month for 2 months (suspended
for 2 months) and 60 days restriction.

6.  On 8 January 1987, the applicant’s unit commander prepared a bar to
Reenlistment Certificate (DA Form 4126-R).  The stated reason for the Bar
from reenlistment was indebtedness, misconduct and for domestic abuse/
problems.  The applicant’s record shows that he was counseled on numerous
occasions, for indebtedness, misconduct and domestic abuse/problems.  This
bar to reenlistment was approved by the proper authority on the same date.


7.  On 21 April 1987, the applicant requested immediate discharge under the
provisions of paragraph 16-5, Army Regulation 635-200.  In his request he
stipulated that he would not be able to overcome the local bar to
reenlistment imposed against him.  He further stipulated that the request
was voluntary and made after he had consulted with legal counsel.  He
further acknowledged and understood that if his request for separation was
approved, he would not be permitted to reenlist at a later date and the
request for separation is irrevocable.

8.  On 6 May 1987, the applicant was honorably separated under the
provisions of paragraph 16-5b, Army Regulation 635-200, by reason of
locally imposed bar to reenlistment.  The DD Form 214 he was issued at the
time confirms that he had completed 10 years, 4 months and 3 days of active
military service and held the pay grade of E-4.  This document also
confirms that based on the authority and reason for his separation, he was
assigned a Separation Program Designator (SPD) code of KGF and an RE code
of RE-4.  The applicant authenticated the DD Form 214 with his signature in
Item 21 (Signature of Member Being Separated).

9.  There is no indication in the record that the applicant applied to the
Army Discharge Review Board to request a change in the narrative reason for
his discharge within its 15-year statute of limitations.

10.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Paragraph 16-5, in effect at the time,
provided for members who were under a locally imposed bar to reenlistment
to voluntarily request discharge if they perceived they could not overcome
the bar to reenlistment.

11.  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.  The regulation
in effect at the time of the applicant’s separation stated that the SPD
code of KGF was the appropriate code to assign to Soldiers separated under
the provisions of paragraph 16-5b of Army Regulation 635-200, by reason
locally imposed bar to reenlistment.  The SPD/RE Code Cross Reference Table
in effect at the time established RE-4 as the proper code to assign members
separated with this
SPD code.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions were carefully considered.  However, these
factors are not sufficiently mitigating to warrant a change to his RE-4
code or the narrative reason for his separation.

2.  The evidence of record confirms that after consulting with legal
counsel and being advised of the impact of his discharge request, the
applicant voluntarily requested discharge based on his perception that he
could not overcome a locally imposed bar to reenlistment.

3.  The record shows that 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.

4.  The regulation in effect at the time of the applicant’s separation
stipulated that an SPD code of KGF and RE-4 code would be assigned to
members separating under the provisions of paragraph 16-5b, Army Regulation
635-200, by reason of locally imposed bar to reenlistment.  Further, as
evidenced in his voluntary request, the applicant was fully aware of the
reason for his separation and that he would not be allowed to reenlist at
later date.  As a result, there is an insufficient evidentiary basis to
support granting the requested relief at this late date.

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 6 May 1987.  Therefore, the time for
him to file a request for correction of any error or injustice expired on 5
May 1990.  However, he 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

__MDM _  __LCB  __  ___CD__  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.




                                  ____ Mark D. Manning_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002171                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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