RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20060727
      DOCKET NUMBER:  AR20050016249


      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. John T. Meixell               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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) of RE
"4" be changed to RE "3" or lower.

2.  The applicant states, in effect, that he completed 14 years of service,
that one Noncommissioned Officer Evaluation Report (NCOER) was used for
QMP, which also caused him to be issued an RE Code of RE "4" on his DD Form
214 (Certificate of Release or Discharge from Active Duty).  He now feels
that he could still serve his country in the Army National Guard (ARNG) if
his RE Code is changed.

3.  The applicant provides a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 20 February 1996, the date of his discharge.  The application
submitted in this case is dated 2 November 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 (AD) on
14 September 1981, as an aircraft powerplant repairman (68B).  He was
promoted to staff sergeant (SSG) with an effective date and date of rank of
1 January 1992.

4.  On 15 November 1995, the applicant was notified of his Headquarters
Department of the Army (HQDA) bar to reenlistment under QMP (Qualitative
Management Program).  The basis for the determination was the applicant’s
one NCOER.  On that same date, he was advised of his options.



5.  On that same date, the applicant was informed by his commander that he
[the Commander] would not submit an appeal in his behalf.  The applicant
concurred and elected not to appeal his DA bar to reenlistment and
understood that he would be separated within 90 days of his option.

6.  The applicant was honorably discharged on 20 February 1996, under the
provisions of Army Regulation 635-200, chapter 16, paragraph 16-8, due to
reduction in force.  He had completed 14 years, 5 months, and 7 days of
creditable service.

7.  Item 27 (REENTRY CODE), of the applicant’s DD Form 214, shows the entry
"4" and item 26 (Separation Code) shows the entry "JCC."

8.  Army Regulation 635-200 provides the basic authority for the separation
of enlisted personnel.  Paragraph 16-8 of this regulation sets forth the
requirements for early separation of enlisted personnel due to reduction in
force, strength limitations, or budgetary constraints.  The service of
personnel separated under this paragraph will be characterized as
honorable.

9.  Pertinent Army regulations provide that prior to discharge or release
from active duty, individuals will be assigned reentry 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 reentry codes, including RA RE
codes.

10.  RE–4 applies to persons not qualified for continued service by virtue
of being separated from the service with non-waivable disqualifications
such as persons with a HQDA bar to reenlistment.

11.  RE-3 applies to persons not qualified for continued Army service and
personnel who are discharged, but the disqualification is waivable.

12.  RE-2 applies to Soldiers being separated before completing a contract
period of service whose reenlistment is not contemplated.

13.  RE-1 applies to persons completing their term of service (ETS) who are
considered qualified to reenter the Army.



14.  The SPD/RE Code Cross Reference Table, dated October 1999, provides
instructions for determining the RE code for Active Army Soldiers and
Reserve Component Soldiers separated for cause.  It also shows the SPD code
with a corresponding RE code and states that more than one RE code could
apply.  The Soldier’s file and other pertinent documents must be reviewed
in order to make a final determination.  The SPD code of "JCC" has a
corresponding RE code of "4."

15.  Army Regulation 635-5-1, in effect at that time, prescribed 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 shows that the SPD "JCC", as shown on the applicant's DD Form
214, is appropriate for discharge when the narrative reason for discharge
is "reduction in force" due to a HQDA bar to reenlistment.  The authority
for discharge under this SPD is "Army Regulation 635-200, chapter 16,
paragraph 16-8."

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was discharged under the
provisions of Army Regulation 635-200, chapter 16, paragraph 16-8, due to
reduction in force. He was given a RE Code of "4" due to his HQDA bar to
reenlistment.

2.  The applicant has failed to provide sufficient evidence to show that
his separation, which resulted in his receiving an RE Code of RE "4", was
in error or unjust.

3.  It is apparent that the applicant wishes to reenlist in the ARNG in
order to serve his country; however, his RE Code of "4" prevents him from
doing so.

4.  In order to justify correction of a military record, the applicant must
show, to the satisfaction of the Board, or it must otherwise appear, that
the record is in error or unjust.  The applicant has failed to submit
evidence that would satisfy this requirement.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 February 1996; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 19 February 1999.  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

_EM_____  __JCR__  __J_____  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.




                                  ____John T. Meixell________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016249                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060727                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19960220                                |
|DISCHARGE AUTHORITY     |AR 635-200, chapter 16, paragraph 16-8  |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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