RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 November 2005
      DOCKET NUMBER:  AR20050003245


      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. David S. Griffin              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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 his reentry (RE) code RE-3,
assigned upon discharge from the Ohio Army National Guard (ARNG), be
upgraded.

2.  The applicant states, in effect, that:

      a.  he was forced to resign from the Ohio ARNG before completing his
5 year enlistment because another Soldier claimed he was being harassed by
the applicant;

      b.  he has 12 years of military service and he wants to be able to
compete for fair federal employment;

      c.  that his discharge was supposed to be over his claimed impulsive
behavior;

      d.  that he was promoted twice and received numerous awards;

      e.  that the administrative process was abused; and

       f.  that his military service listed in the Defense Enrollment
Eligibility Reporting System (DEERS) is incorrect.

3.  The applicant provides excerpts from his military service records.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he initially enlisted in the
U.S. Navy on 20 December 1989.  He was released from active duty on 18
November 1997 due to completion of required active service.  He had
completed 7 years,
10 months, and 29 days of active service that was characterized as
honorable.

2.  On 8 June 1998, the applicant enlisted in the Ohio ARNG.  The records
show that he was discharged on 15 January 1999 due to enlistment in another
component.

3.  The records show that on 15 January 1999, the applicant enlisted in the
U.S. Army Reserve (USAR) for a period of 3 years.

4.  On 25 April 1999, the applicant was discharged from the USAR due to his
enlistment in other active component.  There is no indication in the
records of which active component the applicant enlisted in.
5.  On 16 March 2000, the applicant enlisted in the Ohio ARNG.  He was
promoted to specialist/pay grade E-4 effective 1 November 2002.

6.  On 3 April 2003, the applicant was awarded the Ohio Award of Merit, the
Ohio Faithful Service Ribbon/Medal, the Army Reserve Component Achievement
Medal, and the Armed Forces Reserve Medal.

7.  On 4 May 2003, the applicant was discharged under the provisions of
paragraph 8-26i of National Guard Regulation 600-200 (Enlisted Personnel
Management), expiration of service obligation.

8.  The facts and circumstances pertaining to the applicant’s discharge are
not on file.

9.  Army Regulation 15-185 (Army Board for Correction of Military Records)
prescribes the policies and procedures for correction of military records
by the Secretary of the Army, acting through the ABCMR.  The regulation
provides that the ABCMR begins its consideration of each case with the
presumption of administrative regularity. The applicant has the burden of
proving an error or injustice by a preponderance of the evidence.

10.  National Guard Regulation 600-200 governs procedures for enlisted
personnel of the Army National Guard.  Paragraph 8-26 covers reasons,
applicability, codes, and board requirements for administrative discharges
from the Reserve of the Army and/or the State ARNG.  Paragraph 8-26i refers
to Army Regulation 135-178, Chapter 11, for discharge at expiration of term
of service and states that a RE-3 is assigned if an approved bar to
reenlistment or extension is in effect, or the Guardsman is ineligible for
extension due to overweight, Army Physical Fitness Test failure, or a
positive urinalysis, but is not barred at the time of expiration of term of
service.  Table 8-1 of this regulation states that a RE-3 will be assigned
when the Guardsman being separated is eligible for reenlistment only with a
waiver.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his reentry (RE) code RE-3 should be
upgraded so that he can compete for fair federal employment.

2.  The applicant further contends that his discharge was supposed to be
over his claimed impulsive behavior, that he was promoted twice, and that
he received numerous awards.

3.  Without the applicant's military records, the reason he was assigned a
RE-3 cannot be determined.  As such, the Board must presume administrative
regularity and that the applicant was discharged at the expiration of his
term of service with a waivable disqualification for reenlistment.

4.  The ABCMR does not correct records solely for the purpose of
establishing eligibility for benefits.

5.  In order to justify correction of a military record the applicant must,
or it must otherwise satisfactorily appear, that the record is in error or
unjust.  The applicant has failed to submit evidence that would satisfy
that requirement.

6.  The applicant is advised that although his RE-3 code was properly
assigned, this does not mean that he is totally disqualified from returning
to military service. The disqualification upon which the RE-3 codes were
based may be waived for enlistment purposes.  The applicant is advised that
if he desires to enlist, he should contact a local recruiter who can best
advise him on his eligibility for returning to military service.  These
individuals can best advise a former service member as to the needs of the
service at the time and may process enlistment waivers for the applicant’s
RE code.

7.  The applicant also contends that his military service listed in the
Defense Enrollment Eligibility Reporting System (DEERS) is incorrect.

8.  The DEERS does not fall within the purview of the ABCMR.  To update
DEERS records, the applicant should contact Defense Manpower Data Center
Support Office (DSO) at 1-800-538-9552.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jrs ____  ___ena__  ____tap__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.





                                  ________Thomas A. Pagan___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003245                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051122                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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