RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 August 2006
      DOCKET NUMBER:  AR20050017468


      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             |
|     |Mr. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 to change his reentry (RE) code of RE-4 to RE-1.

2.  The applicant states, in effect, that he was given the RE code of RE-4
when he was discharged 6 months early to obtain a civilian job.  He further
states that the reason cited was a company grade Article 15 for not obeying
the barracks Standard Operating Procedures (SOP), for failure to get a
haircut, and for other counseling statements.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) and a copy of DA Form 4126-R (Bar to
Reenlistment Certificate).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 February 1988, the date of his release from active
duty.  The application submitted in this case was received on 9 December
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 into the Regular Army on 24 August 1984.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 29V10 (Strategic Microwave Systems
Repairer).

4.  On 18 December 1987, the applicant's commander initiated a local
imposed bar to reenlistment against him.

5.  The applicant’s record reveals a disciplinary history that includes his
acceptance of nonjudicial punishment (NJP) under the provisions of Article
 
15, Uniform Code of Military Justice (UCMJ) on 15 January 1988, for
disobeying a lawful order and for making an official statement with the
intent to deceive a commissioned officer.

6.  On 8 February 1988, the applicant requested early separation under the
provisions of paragraph 16-5b, Army Regulation 635-200.  He commented that
he felt he could not overcome the bar to reenlistment imposed on him.  He
further acknowledged that he understood that if his request for separation
was approved, the recoupment of unearned portions of Enlistment Bonus
(EB)/Selective Reenlistment Bonus (SRB) was required and that he would not
be permitted to reenlist at a later date.

7.  On 9 February 1988, the bar to reenlistment was approved by the
appropriate authority.

8.  On 12 February 1988, the applicant was honorably separated under the
provisions of Army Regulation 635-200, paragraph 16-5b, by reason of a
locally imposed bar to reenlistment.  The DD Form 214 he was issued at the
time confirms that he had completed 3 years, 5 months, and 19 days of
active military service.  This document also shows that based on the
authority and reason for his separation, he was assigned a Separation
Program Designator (SPD) code of KGF and a RE code of RE-4.

9.  Army Regulation 635-200 sets forth the policies and procedures for the
administrative separation of enlisted personnel of the Army.  Paragraph 16-
5, in effect at the time, provided the authority for Soldiers denied or
ineligible for continued active duty service to be separated upon their
request.  It allowed Soldiers who perceived that they could not overcome a
locally imposed bars to reenlistment to request early separation.

10.  Army Regulation 635-5 (Separation Document) provides the specific
authorities (regulatory or directive), reasons for separating soldiers from
active duty, and the SPD codes to be entered on the DD Form 214.  This
regulation in effect at the time of the applicant’s separation stated that
the SPD code of KGF was the appropriate code to assign to Soldiers
separated under the provisions of paragraph 16-5b of Army Regulation 635-
200, by the reason of locally imposed bar to reenlistment.  The SPD/RE Code
Cross Reference Table in effect at the time established RE-4 as the proper
code to assign members separated with SPD code of KGF if the member has 18
or more years of total active service.  If the member have less than 18
years of active service the proper RE code to assign the member is RE-3 for
a locally imposed bar to reenlistment.

11.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) covers eligibility criteria, policies, and procedures for
enlistment and processing into the Regular Army 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 Regular Army RE codes.

12.  Table 3-1 (U.S. Army reentry eligibility codes) of Army Regulation  
601-210 states that RE-1 applies to persons who are considered qualified
for reentry or continuous service at time of separation.  The code RE-4
applies to persons separated from last period of service with a nonwaivable
disqualification.

13.  Table 3-1 of the same regulation states that RE-3 code applies to
persons who are not considered fully qualified for reentry or continuous
service at time of separation, but disqualification is waivable.

14.  There is no indication in the record that the applicant applied to the
Army Discharge Review Board to request a change in the narrative reason for
his discharge within the 15-year statue of limitations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code of RE-4 should be changed to  
RE-1 because he was allowed to be discharged 6 months early to obtain a
civilian job.  He also states that the reason for his separation was
because of a company grade Article 15 for not obeying a barracks SOP, for
failure to get a haircut and for other counseling statements.

2.  The evidence of record shows that the applicant was discharged at his
own request, based on his perception that he could not overcome his locally
imposed bar to reenlistment.  His separation processing was accomplished in
accordance with the applicable regulations.  However, the RE code of RE-4
was inappropriately assigned for the applicant's SPD of KGF.

3.  In accordance with Army Regulation 635-5 in effect at that time, the RE
code of RE-3 is the proper code to assign members separating under the
provisions of paragraph 16-5b, Army Regulation 635-200, by reason of
locally imposed bar to reenlistment with less than 18 years of active
service.  It is reasonable to presume that the applicant received an RE
code of RE-4 in error.  Therefore, the applicant is entitled to correction
of his records to show an RE code of RE-3.

4.  Record shows that the applicant should have discovered the alleged
error or injustice now under consideration on 12 February 1988; therefore,
the time for the applicant to file a request for correction of any error or
injustice expired on 11 February 1991.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file based on the relief being granted in this case.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___jrm__  ___rch___  ___swf__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing he was assigned an RE code of RE-3.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
RE code of RE-1.




                                  ______Jeanette R. McCants______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017468                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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