RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 AUGUST 2006
      DOCKET NUMBER:  AR20050014973


      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:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Mr. Ronald Gant                   |     |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
reentry (RE) code.

2.  The applicant states he has no problem with his discharge, that he took
the opportunity to pursue a career in the civilian sector and attend school
to pursue other objectors.  It has been eight years since he was discharged
and he has been empty since then.  He has accomplished some goals
educationally, and is currently enrolled in Nursing School from which he
will graduate in June 2006.  He would like to return to the Armed Forces as
a medical officer, and needs his reentry code changed to facilitate his
return to the service.

3.  The applicant provides no additional evidence in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 April 1997.  The application submitted in this case is dated
14 October 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 enlisted in the Regular Army on 5 July 1994, for a period
of
4 years.

4.  On 7 March 1997, the applicant completed a DA Form 4187 (Personnel
Action) requesting separation under the provisions of Army Regulation 635-
200, Chapter 5 (Separation for Convenience of the Government).  He was
requesting release from active duty prior to his expiration of term of
enlistment to accept a job opportunity in the civilian community that was
only going to be available until 1 May 1997.  He requested a 15 April 1997
release date.



5.  On 26 March 1997, the applicant's request for separation was approved
with a separation date of 15 April 1997.  The authority for his separation
was Army Regulation 635-200, paragraph 5-3, with an honorable
characterization of service and the narrative reason for separation of
"Secretarial Authority".  He was assigned the separation code of "MFF" and
RE code of "3".

6.  The applicant was released from active duty on 15 April 1997, under
Army Regulation 635-200, paragraph 5-3.  His DD Form 214 (Certificate of
Release or Discharge from Active Duty) indicates he had 2 years, 9 months
and 11 days of active service, and was assigned the separation code "MFF",
and the RE code "3".

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.  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.

8.  RE-3 applies to persons not qualified for continued Army service, but
the disqualification is waivable.

9.  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
“MFF” is the appropriate SPD code for individuals voluntarily separated
prior to expiration term of service.

10.  Army Regulation 601-210, which establishes the policies and provision
for enlistment in the Regular Army and United States Army Reserve, states
that RE codes may be changed only if they are determined to be
administratively incorrect.  Individuals who have correct RE codes may be
processed for a waiver at their request if otherwise qualified and a waiver
is authorized.  No requirement to change a RE code exists to qualify for
enlistment.





DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant’s RE code was assigned based
on the fact that he voluntarily separated under the provisions of Army
Regulation 635-200, paragraph 5-3.  He received the appropriate RE code
associated with his separation.

2.  The applicant is advised that although his RE-3 was properly assigned,
this does not mean that he is totally disqualified from returning to
military service.  The disqualification upon which the RE-3 was 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.  Those
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.

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 15 April 1997; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
14 April 2000.  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

___PS __  __LD____  ___RG __  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.




                                  _______ Paul Smith_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014973                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060829                                |
|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.       |112.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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