RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           22 December 2005
      DOCKET NUMBER:  AR20050006851


      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. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McPherson            |     |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.

2.  The applicant states, in effect, his family life was the real problem
and it affected his military career.  He contends that he always wanted to
complete his service for his country and that he was a strong asset to his
unit at the time of his discharge.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty); service personnel records; and a
photograph of the February 1993 U.S. Army Chemical School Advanced
Noncommissioned Officer Course class.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 July 1993.  The application submitted in this case is dated
4 May 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 30 January 1976 and served as a chemical
operations specialist and a combat signaler.

4.  On 5 April 1993, the applicant was notified of his Department of the
Army bar to reenlistment under the Qualitative Management Program based
upon three below average Noncommissioned Officer Evaluation Reports and his
security clearance revoked in 1989 due to indebtedness (he was cleared for
a Top Secret clearance in 1992).  He did not appeal the bar to
reenlistment.

5.  On 14 July 1993, the applicant was honorably discharged under the
provisions of Army Regulation 635-200, paragraph 16-8, for reduction in
authorized strength.  He had served 17 years, 5 months, and 15 days of
creditable service.

6.  Item 27 (Reentry Code) on the applicant's DD Form 214 shows the entry,
"4."

7.  Army Regulation 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.

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.  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.

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

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

DISCUSSION AND CONCLUSIONS:

1.  Family problems are not grounds for changing an RE code.

2.  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.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 14 July 1993; therefore, the time for the applicant
to file a request for correction of any error expired on 13 July 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 FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

TK_____  __RD____  _JM_____  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.




            ___Ted Kanamine_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006851                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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