RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2006
      DOCKET NUMBER:  AR20060001411


      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:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas M. Ray                 |     |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 the reentry (RE) code RE-4 that
was assigned to him upon discharge from active duty is incorrect and
unjust.

2.  The applicant states, in effect, that his separation from service was
part of a reduction in authorized strength which does not require a RE code
of RE-4.  He also states that he is currently a member of the Tennessee
Army National Guard.

3.  The applicant provides:

     a.  a copy of his DD Form 214; and

     b.  a copy of his enlistment contract for the Tennessee Army National
Guard.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 April 1992, the date of his discharge from active
duty.  The application submitted in this case is dated 23 January 2006;
however was received 30 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's military records show that he entered active duty on 16
June 1981.  He completed basic combat training and advanced individual
training and was awarded the military occupational specialty 67U10 (Medium
Helicopter Repairman).

4.  On 19 January 1990, the applicant received a Letter of Reprimand from
the commanding general Headquarters, 101st Airborne Division for driving
under the influence (DUI).  On 23 January 1990, the applicant's records
show that he did not submit any statements or documents in his own behalf.


5.  On 15 January 1992, Headquarters, Department of the Army (HQDA) imposed
a Bar to Reenlistment against the applicant under the Qualitative
Management Program (QMP).  The reasons given for his bar to reenlistment
were his Noncommissioned Officer Evaluation Report for the period covering
September 1989 to December 1989, and a Letter of Reprimand dated  
19 January 1990.

6.  Army Regulation 635-200 (Personnel Separation), paragraph 16-8 states,
in pertinent part that Soldiers may be separated prior to expiration of
term of service or period for which ordered active duty 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 will authorize voluntary or involuntary early separation under
the authority of title 10 USC 1169 or 1171 in these instances.  Personnel
separated under this paragraph will be discharged or released from active
duty as appropriate.

7.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter
4, in effect at that time, sets forth policy and prescribes procedures for
denying reenlistment under the QMP.  This program is based on the premise
that reenlistment is a privilege for those whose performance, conduct,
attitude, and potential for advancement meet Army standards.  It is
designed to enhance quality of the career enlisted force, selectively
retain the best qualified soldiers to 30 years of active duty, deny
reenlistment to nonprogressive and nonproductive soldiers, and encourage
soldiers to maintain their eligibility for further service.

8.  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.

9.  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 person separated from last period of service with a nonwaivable
disqualification.  This includes anyone with a HQDA imposed bar to
reenlistment in effect at the time of separation, or separated for any
reason with 18 or more years of active federal service.



10.  Army Regulation 635-5 prescribes the separation documents prepared for
soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part it states that the DD
Form 214 is a synopsis of the soldier's most recent period of continuous
active duty.  It provides a brief clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his reentry code of RE-4 is incorrect and
unjust because he was separated due to a reduction in authorized strength.

2.  The applicant's RE code of RE-4 was properly assigned based on fact
that the applicant received a HQDA bar to reenlistment.  Therefore, there
is no reason to change a correctly assigned RE code.

3.  The applicant's enlistment in the Tennessee Army National Guard has no
bearing in this case.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 April 1992; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on  
29 April 1995.  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

___jea___  ____tmr_  ___ml___  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.




                                  __________James E. Anderholm_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001411                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060919                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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