RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 JANUARY 2006
      DOCKET NUMBER:  AR20050004716


      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. Gale J. Thomas                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 records be corrected by changing his
DD Form 214 Certificate of Release or Discharge from Active Duty), item
26 (Separation Code) and item 27 (Reentry Code).

2.  The applicant states that his separation code and reentry code were
incorrectly entered on his DD Form 214.  He states that his DA Form 1811
(Physical Data and Aptitude Test Scores Upon Release from Active Duty) will
show that his physical profile at the time of his discharge was 111111 A.

3.  The applicant provides a copy of his 1986 DD Form 214 from the Air
Force, his 1992 DD Form 214 from the Army, and his 1992 DA Form 1811.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 October 1992.  The application submitted in this case is dated 11 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 records indicate he served in the United States Air
Force from January 1982 until April 1986.  On 6 October 1987 he enlisted in
the Regular Army for a period of 6 years.  He served in Germany from
October 1987 to October 1990.

4.  On 4 August 1992, a medical examination cleared the applicant for
separation.

5.  On 5 October 1992, a DA Form 1811, determined that the applicant was
physically qualified for separation/retention, with a physical profile of
111111.



6.  On 5 October 1992, the applicant was honorably discharged under the
provisions of Army Regulation 635-200, Chapter 4, for expiration term of
service. His DD Form 214 indicates he was discharged in the rank of
Specialist, pay grade E-4, and had a total of 9 years and 3 months of
active service.  He was assigned the Separation Code of “JBK”, and the
Reentry Code of “4.”

7.  Army Regulation 635-5-1 states that SPD codes are three-character
alphabetic combinations, which identify reasons for, and types of
separation from active duty. The primary purpose of SPD codes is to provide
statistical accounting of reasons for separation.  They are intended
exclusively for the internal use of DOD and the military services to assist
in the collection and analysis of separation data.  It notes that “JBK” is
the appropriate SPD code for individuals involuntarily separated upon
completion of required active service.

8.  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 United States Army Reserve.
Chapter 3 of that regulation prescribed basic eligibility for prior service
applicants for enlistment.  That chapter includes a list of armed forces RE
codes, including RA RE codes.

9.  RE-4 applies to individuals who were separated from their last period
of service with a non-waivable disqualification.  Soldiers who were
separated from their term of service with a Department of the Army imposed
bar to reenlistment in effect are ineligible for reenlistment and receive
an RE-4.

10.  Pertinent Army regulations provide that individuals must be able to
meet the Regular Army retention control point for his/her grade prior to
reenlisting.  Those individuals who are reenlisting in the grade of
specialist, the term of enlistment when added to the individuals previous
active Federal service must not exceed 10 years of active Federal service.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his separation code and reentry code is
in error because he was in good physical condition, is without merit.  His
medical condition had no bearing on his separation code or his reentry
code.

2.  The applicant was barred from reenlisting as a result of him not being
able to meet the retention control point for his grade.  The applicant
would have been reenlisting in the grade of Specialist with 9 years and 3
months of active Federal service, and when added to his enlistment
obligation would have exceeded the 10 year retention control point.

3.  In order to justify correction of a military record the applicant must
show, 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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 October 1992; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
4 October 1995.  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

__LS____  __RB ___  __RN ___  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.



                                  _____Linda Simmons______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004716                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060112                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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