RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 August 2006
      DOCKET NUMBER:  AR20060001502


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Gerald Purcelli               |     |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 Eligibility (RE)
code be changed from RE-3 to a more favorable RE code.  He also requests,
in effect, that his separation code be changed.

2.  The applicant states that he is currently in the Air Force Reserve and
he has tried to enlist in the [Regular] Air Force, but his DD Form 214
(Certificate of Release or Discharge from Active Duty) has a RE code of RE-
3.  During his service in the Army, he did not get any Article 15s, courts-
martial, or any other types of action against him.  The Army recruiter and
Air Force recruiter did a complete search and they never found any evidence
or statement for the reason he received RE-3 on his DD Form 214.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 June 2000.  The application submitted in this case is dated
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 enlisted in the Regular Army on 26 June 1997 for a period
of three years in the rank of private E-1.  He completed basic training and
advanced individual training and was awarded military occupational
specialty 54B (Chemical Operations Specialist).

4.  The applicant was promoted to specialist, E-4 on 1 September 1999.

5.  Headquarters, III Corps and Fort Hood Orders 074-0254, dated 14 March
2000 released the applicant from active duty on 25 June 2000 and assigned
him to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on the
following date.

6.  He was released from active duty on 25 June 2000 under the provisions
of Army Regulation 635-200, chapter 4 at the completion of his required
active service in the rank of specialist.  His DD Form 214 shows an RE code
of RE-3 and a Separation Program Designator (SPD) code of "MBK" (Completion
of Required Active Service).  His DD Form 214 shows no lost time.

7.  The applicant’s Orders 074-0254, dated 14 March 2000, were amended to
change his place of reassignment to Camp Bullis, San Antonio, Texas.

8.  On 26 June 2000, the applicant enlisted in the Army National Guard and
continued to serve in this component until 15 May 2001.

9.  The applicant is currently serving in the Air Force Reserve.

10.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific
authorities (regulatory, statutory, or other directives), the reasons for
the separation of members from active military service, and the SPD codes
to be used for these stated reasons.  The regulation, in effect at the
time, shows that the SPD code “MBK” as shown on the applicant’s DD Form 214
specifies the narrative reason for separation as voluntary release or
transfer for “Completion of Required Active Service” and that the authority
for separation under this separation program designator is “AR 635-200,
Chapter 4”.

11.  Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5
(Separation Documents) dated October 1999 established RE code 1 or
RE code 3 as the proper reentry code to assign to Soldiers separated under
the provisions of Army Regulation 635-200, Chapter 4 based on completion of
required active service.

12.  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.  The regulation states that
RE–3 applies to persons not qualified for continued Army service, but the
disqualification is waivable.

13.  RE-1 applies to a person completing his/her term of active service who
is considered fully qualified to reenter the U.S. Army.


DISCUSSION AND CONCLUSIONS:

1.  The applicant was released from active duty on 25 June 2000 under the
provisions of Army Regulation 635-200 at the completion of his required
active service.

2.  The applicant's DD Form 214 shows he was separated with a separation
code of "MBK" and was assigned an RE code of RE-3.  However, his service
records do not contain any disciplinary actions, he was promoted to
specialist and he had no days of lost time.  In addition, he was allowed to
enlist in the Army National Guard one day following his release from active
duty (i.e. 26 June 2000), an action that would not have been allowed had he
needed a waiver to enlist.

3.  It appears that an administrative error has occurred in this case
regarding the applicant’s RE code of RE-3.  Therefore, it would be
equitable to change his RE code from RE-3 to RE-1.

4.  It appears the applicant's separation code is correct and was applied
in accordance with the applicable regulations.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 June 2000; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
24 June 2003.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

MP______  MF______  GP______  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 and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by amending his RE code of
RE-3 to RE-1.
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
changing his separation code.




                            Margaret Patterson____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060001502                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060803                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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