RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 August 2006
      DOCKET NUMBER:  AR20060000796


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms, Jeanette R. McCant            |     |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 that his reentry eligibility (RE) code be
changed to
RE-1.

2.  The applicant states that he needs the RE code changed so that he can
enlist in the Air Force.

3.  The applicant provides no additional supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 December 2002, the date of his discharge from the
Indiana Army National Guard (INARNG).  The application submitted in this
case is dated 11 January 2006.

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 INARNG on 30 May 2002 and was ordered to
report for initial active duty for training (IADT) on 19 November 2002.

4.  The record contains no information related to the applicant’s IADT or
separation except for what is denoted on or can be extrapolated from the
information on his NGB Form 22 (Departments of the Army and the Air Force
National Guard Bureau Report of Separation and Record of Service).

5.  The NGB Form 22 shows that the applicant enlisted on 30 May 2002 and
was discharged on 13 December 2002, having served 6 months and 14 days.
Item 12 (Military Education) states none and he was not awarded a military
occupational specialty (MOS).  Item 18 indicates he served on IADT for the
period from 18 November 2002 through 13 December 2002.  Item 23 (Authority
and Reason) states “NGR 600-200, 8-27y Discharge from Reserve of the Army”
and “NGR 600-200, 8-26c Entry Level Performance and Conduct”.  Item 24
shows his service was uncharacterized and he was given an RE -3.
6.  Military Department of Indiana Orders 007-016, dated 7 January 2003,
indicates the applicant was discharged from the Army National Guard and as
a reserve of the Army effective 13 December 2002.  His character of service
was uncharacterized and he was given an RE-3.  The orders state “Soldier
previously discharged from Reserve of the Army by DA order number 343-1306,
dated 13 December 2002 published at Ft Jackson, SC  29207”.  The stated
authority is NGR 600-200, paragraphs 8-26c and 27y.

7.  National Guard Regulation 600-200 (Enlisted Personnel Management) sets
forth the basic authority for the separation of enlisted personnel of the
National Guard.  In pertinent part:

      a.  paragraph 27y is used for Soldiers who fail to meet physical
fitness requirements for entry into basic combat training;

      b.  paragraph 26c is used for Soldiers who are within the first 180
days of their enlistments when separation processing is started and who
will normally receive an uncharacterized entry-level separation.  The only
authorized exceptions are in those cases where an under other than
honorable conditions discharge is authorized and/or warranted or when the
Secretary of the Army determines on a case by case basis that an honorable
discharge is warranted by unusual circumstances involving the individual's
personal conduct and performance of duty.  An RE-3 code is mandated for
separation under this provision; and

      c.  the regulation further states that for separation a Soldier must
be in an entry-level status, undergoing initial enlisted training, and,
before the date of the initiation of separation action, have completed no
more than 180 days of creditable continuous active duty or initial active
duty for training or no more than 90 days of Phase II under a split or
alternate training option.

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


DISCUSSION AND CONCLUSIONS:

1.  From the limited records available, it appears the applicant entered
his period of IADT and was found to have a medical condition that precluded
his continuation in basic training.

2.  With this finding he was released from active duty and discharged from
the Army Reserve.  With his discharge from the Army Reserve he no longer
qualified for continuation in the INARNG and was discharged.

3.  Since the applicant had not served in excess of 180 days he was
properly discharged under the entry-level separation provisions.  Service
under entry-level separation provisions is uncharacterized and requires an
RE-3 code.

4.  In order to justify a change of the RE code the applicant would have to
demonstrate that the narrative reason and authority for his separation were
in error.

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

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 December 2002; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 12 December 2005.  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

__JRM__  __RCH__  _SWF ___  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.




                                  __   Jeanette R. McCant_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000796                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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