RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           26 October 2005
      DOCKET NUMBER:  AR20050003345


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Mr. Conrad Meyer                  |     |Member               |
|     |Ms. Linda Barker                  |     |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 that his Reentry (RE) code be changed from 4 to
1.  He also requests that item 25 (Separation Code) on his DD Form 214
(Certificate of Release or Discharge from Active Duty) be corrected to show
Army Regulation (AR) 635-200, paragraph 16-7 instead of AR 635-200,
paragraph 16-8.

2.  The applicant states he was discharged from the Army under a voluntary
incentive program; however, he was issued a RE code 4 which is for medical
reasons.  He also contends that the separation authority on his DD Form 214
should be corrected because AR 635-200, paragraph 16-8 is for medical
reasons.

3.  The applicant provides two applications.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
29 January 1993.  The applications submitted in this case are dated 23 and
24 February 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 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.  The applicant enlisted on 15 March 1984 and served as a heavy wheel
vehicle mechanic.

4.  On 27 October 1992, the applicant was notified of his Department of the
Army bar to reenlistment under the Qualitative Management Program.  He
elected not to appeal and indicated he understood he would be separated
within 90 days as of the date of this option statement under the provisions
of AR 635-200, paragraph 16-8.

5.  On 29 January 1993, the applicant was honorably discharged under the
provisions of AR 635-200, paragraph 16-8, for reduction in authorized
strength - Qualitative Early Transition Program.

6.  Item 25 on the applicant's DD Form 214 shows the entry, "PARA
[paragraph] 16-8, AR 635-200."  Item 26 (Separation Code) on the
applicant's DD Form 214 shows the entry, "JCC."  Item 27 (Reentry Code) on
his DD Form 214 shows the entry, "4."

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.  AR 601-210 covers eligibility
criteria, policies, and procedures for enlistment processing into the
Regular Army and the U.S. 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.

8.  RE-4 applies to persons separated from their last period of service
with a non-waivable disqualification (includes persons being separated with
a Department of the Army bar to reenlistment in effect).

9.  RE-1 applies to persons completing an initial term of active service
who were fully qualified when last separated.

10.  AR 635-200 provides the basic authority for the separation of enlisted
personnel.  Paragraph 16-8a of the version of the  regulation in effect at
the time stated that when authorization limitations, strength restrictions,
or budgetary constraints require the size of the enlisted force to be
reduced, the Secretary of the Army, or his designee, would authorize
voluntary or involuntary early separation under the authority of 10 U.S.
Code 1169 or 1171.  The Commander, U.S. Total Army Personnel Command, would
implement this program by issuing separation instructions pertaining to a
specific class or category of Soldiers.  Early separation under this
paragraph was for the convenience of the Government.

11.  Paragraph 16-8 of the current version of AR 635-200 pertains to
separation of soldiers of medical holding detachments/companies.

12.  AR 635-5-1 (Separation Program Designator Codes) prescribes the
specific authorities (regulatory, statutory, or other directives), the
reasons for the separation of members from active military service, and the
separation program designators to be used for these stated reasons.  The
regulation, in effect at the time, stated the reason for discharge based on
separation code “JCC” was “Reduction in authorized strength” and the
regulatory authority is AR 635-200, paragraph 16-8.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant was separated with a Department of the Army bar to
reenlistment in effect, the RE code "4" entry shown in item 27 on his DD
Form 214 is correct and was applied in accordance with the applicable
regulations.

2.  Paragraph 16-8 of the current version of AR 635-200 pertains to medical
reasons; however, paragraph 16-8 of the version of AR 635-200 in effect at
the time did not.  AR 635-5-1, in effect at the time, stated the reason for
discharge based on separation code “JCC” was “Reduction in authorized
strength” and the regulatory authority is AR 635-200, paragraph 16-8.
Therefore, the separation authority used in the applicant’s case is correct
and was applied in accordance with the applicable regulations.

3.  Records show the applicant should have discovered the alleged errors
now under consideration on 29 January 1993; therefore, the time for the
applicant to file a request for correction of any error expired on 28
January 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 RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JV_____  CM______  LB_____  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.




            __James Vick__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003345                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0300                                |
|2.                      |110.0200                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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