RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 October 2006
      DOCKET NUMBER:  AR20060005034


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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.

2.  The applicant states that he received an honorable discharge as a staff
sergeant in the U.S. Army.  He contends that the RE code placed on his DD
Form 214 (Certificate of Release or Discharge from Active Duty) is an
injustice.  He states that he worked very hard as a Soldier and that he
would like an opportunity to go back in the Army and finish his time.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 28 November 1998.  The application submitted in this case is
dated 23 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 on 1 June 1983.  He trained as an ammunition
specialist and cannon crewmember and remained on active duty through
continuous reenlistments.  He attained the rank of staff sergeant on 1
January 1994.

4.  On 10 August 1998, the applicant was barred from reenlistment under the
Qualitative Management Program.  Three adverse noncommissioned officer
evaluation reports received after being promoted to staff sergeant were
cited as the reason for the bar.

5.  On 28 November 1998, the applicant was honorably discharged under the
provisions of Army Regulation 635-200, paragraph 16-8, for reduction in
force.

6.  Item 25 (Separation Authority) on the applicant's DD Form 214 shows the
entry, "AR [Army Regulation] 635-200, PARA [paragraph] 16-8."  Item 26
(Separation Code) on his DD Form 214 shows the entry, "JCC."  Item 27
(Reentry Code) on his DD Form 214 shows the entry, "RE-4."  Item 28
(Narrative Reason for Separation) on his DD Form 214 shows the entry,
"REDUCTION IN FORCE."

7.  Army Regulation 635-5-1 (Separation Program Designator Codes)
prescribes the specific authorities (regulatory, statutory, or other
directives), the reasons for the separation of members from active military
service, and the separation program designators to be used for these stated
reasons.  The regulation states the reason for discharge based on
separation code “JCC” is “Reduction in force” and the regulatory authority
is Army Regulation 635-200, paragraph 16-8.  The regulation also states
that separation code "JCC" is to be used when Headquarters Department of
the Army (HQDA) message or other directive announces voluntary or
involuntary early separation program due to reduction in force, strength
limitations, or budgetary constraints.

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
processing into the Regular Army 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-4 applies to persons separated from their last period of service
with a non-waivable disqualification.  This includes anyone with a
Department of the Army imposed bar to reenlistment in effect at the time of
separation or separated for any reason (except length of service
retirement) with 18 or more years of service.

10.  RE-3 applies to persons who are not considered fully qualified for
reentry or continuous service at the time of separation, but the
disqualification is waivable.

11.  RE-1 applies to persons completing an initial term of active service
who were fully qualified when last separated.

12.  The Separation Program Designator Code/Reentry Code Cross Reference
Table, dated 1 October 1993, shows that SPD [Separation Program Designator]
"JCC" will be issued an RE code of 3.  This table also states that
notwithstanding the probable RE code shown in the table, assign RE-4 when a
Soldier separates with a HQDA bar to reenlistment under the Qualitative
Management Program.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s RE code was administratively correct and in conformance
with applicable regulations at the time of his separation.

2.  Records show the applicant should have discovered the alleged injustice
now under consideration on 28 November 1998; therefore, the time for the
applicant to file a request for correction of any injustice expired on 27
November 2001.  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

CD_____  _JP_____  __RN____  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.




                                  __Carmen Duncan_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005034                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061024                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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