RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            07 September 2006
      DOCKET NUMBER:   AR20060003173


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Susan Powers                  |     |Chairperson          |
|     |Mr. David Haasenritter            |     |Member               |
|     |Mr. Jonathan Rost                 |     |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 (RE) Code be changed to a code
that will allow him to reenter the service.

2.  The applicant states that his separation was based on beliefs that have
since changed and he desires to reenlist.

3.  The applicant provides a copy of his report of separation (DD Form
214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 February 1991.  The application submitted in this case was
received on 3 March 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 at Fort Sheridan, Illinois
on 11 May 1989 for a period of 4 years and training as a combat signaler.
At the time of his enlistment he indicated that he was not a conscientious
objector.  He completed his basic combat training at Fort Jackson, South
Carolina and his advanced individual training at Fort Gordon, Georgia,
before being transferred to Fort Ord, California.  He was advanced to the
pay grade of E-3 on 11 May 1990.

4.  On 6 September 1990, the applicant submitted a request for discharge as
a conscientious objector based on his religious beliefs and convictions.
His chain of command recommended approval of his request and the Department
of the Army Conscientious Objector Review Board approved his request on 16
January 1991.

5.  Accordingly, he was honorably discharged on 19 February 1991, under the
provisions of Army Regulation 635-43 as a conscientious objector.  He was
issued a separation code of “KCM” an a RE Code of “4”.

6.    RE-3 applies to persons not qualified for continued Army service, but
the disqualification is waivable.  Certain persons who have received
nonjudicial punishment are so disqualified, as are persons with bars to
reenlistment, and those discharged under the provisions of chapters 5, 9,
10, 13, 14, and 16 of Army Regulation 635-200.  A waiting period of 2 years
from separation is required before a waiver may be submitted.  RE-4 applies
to persons separated with a non-waivable disqualification.

7.  Army Regulation 635-5-1 provides the separation codes to be used for
the various types of separations from the service and the RE Codes that
apply to each code.  It provides, in pertinent part, that personnel
separated under the provisions of Army Regulation 635-43 as a conscientious
objector will be assigned a separation code of “KCM” and a RE Code of “3”.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative separation was accomplished in
accordance with applicable regulations with no indication of any violations
of the applicant’s rights.

2.  However, at the time of his separation he was incorrectly issued an RE
Code of RE-4 instead of the code of RE-3, the code for which the applicable
regulations indicate is appropriate for the type of separation the
applicant received.

3.  Accordingly, it would be in the interest of justice to correct his
records at this time to show that he was issued an RE Code of RE-3.

4.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 February 1991; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 February 1994.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
(evidence or argument), it would be in the interest of justice to excuse
failure to timely file in this case.





BOARD VOTE:

____DH _  ____JR _  ___SP  __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 showing that the individual concerned
was issued a RE Code of “RE-3” at the time of his separation on 19 February
1991.




                            _____Susan Powers______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003173                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19910219                                |
|DISCHARGE AUTHORITY     |AR 635-43                               |
|DISCHARGE REASON        |KCM-Conscientious Objector              |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |4/RE CODE                               |
|1.100.0300              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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