RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 November 2005
      DOCKET NUMBER:  AR20050003656


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 be
changed from RE-3 to a more favorable code.

2.  The applicant states that he seeks to have his RE Code changed because
he is succeeding in the Army National Guard (ARNG) and is currently seeking
full time employment with the ARNG.  However, his past record is holding
him back from being all that he can be for his country.

3.  The applicant provides no documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 31 October 1990, the date of his discharge.  The application
submitted in this case is dated 3 March 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 military records show he entered active duty on
18 January 1990, as a motor transport operator, in the pay grade of E-2,
with prior enlisted service.

4.  All the documents containing the facts and circumstances surrounding
the applicant's discharge are not present in the available records.
However, his DD Form 214 (Certificate of Release or Discharge from Active
Duty) shows that on 31 October 1990, he was discharged under the provisions
of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  He
was furnished a general discharge (under honorable conditions) in the pay
grade of E-2.  He had a total of 9 months 14 days of creditable service for
this enlistment.  He was issued a separation program designator (SPD) code
of "JHJ" and a RE Code of "3."



5.  After a break in service, the applicant enlisted in the Michigan ARNG
(MIARNG) on 16 October 1997, in the pay grade of E-2, for a period of
6 years, with an established expiration of term of service (ETS) of
15 October 2003.  He was ordered to active duty for training (ADT) on
16 September 1998 and was released from ADT on 22 January 1999.  He was
returned to his troop program unit (TPU).  He was promoted to specialist
(SPC/E-4) effective 1 May 1999.  He  continued to serve until he was
honorably discharged from the MIARNG on 25 May 1999, in order to reenlist
in any Component of the Armed Forces.

6.  The applicant reenlisted in the USAR on 26 May 1999, in the pay grade
of    E-4, for a period of 6 years, with an established ETS of 25 May 2005.
 He continued to serve until he was honorably discharged on 21 October
2003.

7.  The applicant reenlisted in the MIARNG on 4 June 2004, in the pay grade
of E-4, for 6 years, with an established ETS of 3 June 2010.

8.  The applicant's Army National Guard Retirement Points History
Statement, dated 3 June 2005, currently show that he is serving with the
ARNG.

9.  Army Regulation 635-200 sets forth the requirements and procedures for
administrative discharge of enlisted personnel.  Chapter 13 of this
regulation, in effect at the time, provides for separation due to
unsatisfactory performance when in the commander’s judgment the individual
will not become a satisfactory Soldier; retention will have an adverse
impact on military discipline, good order and morale; the service member
will be a disruptive influence in the future; the
basis for separation will continue or recur; and/or the ability of the
service member to perform effectively in the future, including potential
for advancement or leadership, is unlikely.  Service of Soldiers separated
because of unsatisfactory performance under this regulation will be
characterized as
honorable or under honorable conditions.

10.  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 enlistment and processing into the Regular
Army (RA) and the US 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, including RA RE codes.

11.  RE-3 applies to persons not qualified for continued Army service, but
the disqualification is waivable.  Certain persons who have received
nonjudicial
punishment are also disqualified.

12.  Army Regulation 635-5-1 prescribes the specific authorities
(regulatory, statutory, or other directives), the reasons for the
separation of members from active military service, and the SPD to be used
for these stated reasons.  The regulation shows that the SPD of "JHJ" as
shown on the applicant’s DD Form 214 is appropriate for involuntary release
from active duty (REFRAD) or transfer when the narrative reason for
discharge is "Unsatisfactory Performance."

DISCUSSION AND CONCLUSIONS:

1.  Since all documents pertaining to the applicant's discharge are not on
file in his service record, in the absence of evidence to the contrary,
Government regularity must be presumed and it must be presumed that the
applicant’s administrative separation was accomplished in compliance with
applicable regulations with no procedural errors, which would tend to
jeopardize his rights.

2.  The applicant's RE Code of "3" is consistent with the basis for his
separation from the Regular Army and in this case finds no basis to change
the existing code.

3.  The applicant has failed to show, through the evidence submitted with
his application or the evidence of record, that his separation which
resulted in receiving an RE Code of RE "3" was in error or unjust.

4.  The evidence clearly shows that the applicant is serving with the
MIARNG.  He alleges that he is succeeding in the ARNG and is currently
seeking full time employment with the ARNG.  However, his past record,
i.e.… RE Code of "3", is holding him back from being all that he can be for
his country.

5.  The applicant has provided no evidence, and there is none, to show that
his past RE Code of "3" is holding him back from progressing in the MIARNG.

6.  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.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 October 1990; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 October 1993.  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

__SK____  __JTM___  __RLD__  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.




                                             Stanley Kelley______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003656                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051115                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19901031                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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