RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 AUGUST 2006
      DOCKET NUMBER:  AR20060004142


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. Conrad Meyer                  |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 from RE-4
to RE-3 to permit him to return to military service.

2.  The applicant states there is no error in his RE-4 code, however, he
would like to join the United States Army Reserve and fight for his
country.  He states to do this he needs his RE code changed to RE-3.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 April 2001.  The application submitted in this case is
dated
11 October 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.  Records available to the Board indicate the applicant initially entered
active duty as a Regular Army Soldier on 13 August 1996.

4.  In January 1997 he was assigned to an armor unit in Germany and on 1
June 1997 was promoted to pay grade E-3.  The applicant was subsequently
promoted to pay grade E-4, but the date of that promotion was not in
records available to the Board.

5.  On 12 February 2000 the applicant departed AWOL (absent without leave)
and was subsequently dropped from the rolls of the Army.  He returned to
military control in August 2000 and was assigned to the Personnel Control
Facility at Fort Knox, Kentucky.



6.  On 30 August 2000, after consulting with counsel, the applicant
requested discharge under the provisions of Chapter 10, Army Regulation 635-
200, in lieu of trial by court-martial.  He did not submit any statement in
his own behalf.

7.  His request was approved and on 12 April 2001 the applicant was
discharged under other than honorable conditions and reduced to pay grade E-
1.  His separation document notes that he received a separation code (SPD)
of KFS and an RE Code 4.

8.  In January 2003 the Army Discharge Review Board denied the applicant’s
petition to upgrade the character of his discharge.

9.  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 United States Army Reserve
(USAR).  Chapter 3 of that regulation prescribed basic eligibility for
prior service applicants for enlistment.  That chapter includes a list of
armed forces RE codes, including RA RE codes.

10.  RE-4 applies to individuals who were separated from their last period
of service with a non-waivable disqualification.  Soldiers who were
involuntarily separated from their last term of service under the
provisions of Army Regulation 635-200, Chapter 10, are ineligible for
reenlistment and receive an RE-4.

11.  Army Regulation 635-5-1 states that SPD codes are three-character
alphabetic combinations, which identify reasons for, and types of
separation from active duty.  The primary purpose of SPD codes is to
provide statistical accounting of reasons for separation.  They are
intended exclusively for the internal use of DOD and the military services
to assist in the collection and analysis of separation data.  It notes that
“KFS” is the appropriate SPD code for individuals separated under the
provisions of Army Regulation 635-200, Chapter 10, in lieu of trial by
court-martial.

12.  The Separation Program Designator (SPD) Code /Reentry (RE) Code Cross-
Reference Table, in effect at the time, shows that the appropriate RE code
for the SPD code of KFS is RE-4.






DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant’s RE code was assigned based
on the fact the applicant was not qualified for continuous service at the
time of his separation.  His voluntary discharge under the provisions of
Army Regulation 635-200, Chapter 10, disqualified him from reenlisting.

2.  The applicant’s RE code is appropriate considering the basis for his
separation, and there is no basis to correct the existing code.  The fact
that he is unable to return to military service is not sufficient
justification to change the applicant’s RE code.

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

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 April 2001; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
11 April 2004.  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

___KN __  ___CM __  ___YM __  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.




                            ___Kathleen Newman____
                                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004142                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060801                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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