RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            07 December 2006
      DOCKET NUMBER:   AR20060006839


      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:

|     |Mr. Richard Dunbar                |     |Chairperson          |
|     |Mr. Dale Debruler                 |     |Member               |
|     |Mr. Larry Racster                 |     |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 her Reentry (RE) Code be changed from a “3”
to a “1”.

2.  The applicant states that she did not have any unfavorable actions
against her when she exited the active Army and that she completed her
service in the Army Reserve.  She goes on to state that she recently
applied for an Active Guard Reserve (AGR) position with the National Guard
and was told that she cannot get the job with an RE Code of “3.”

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 May 1995.  The application submitted in this case is dated 1
May 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 records, though somewhat incomplete, show that she was
born on 30 August 1968 and on 21 December 1988 she gave birth to a female
child in Jackson, Mississippi.

4.  She enlisted in the Regular Army on 29 May 1990.  She completed her
training as a medical laboratory specialist and was advanced to the pay
grade of E-4 on 28 May 1995.

5.  The facts and circumstances surrounding her release from active duty
are not present in the available records.  However, her DD Form 214 shows
that on 28 May 1995, she was involuntarily released from active duty
(REFRAD) due to completion of required service and was issued a RE Code of
“3.”  She had served 5 years of total active service and was given a
separation code of “LBK.”  She was transferred to a USAR unit in Jackson,
Mississippi and on 21 August 1995, she married the father of her child.
She obtained a divorce from her husband in 2006 and the divorce decree
indicates that the child lived only with the applicant and/or the husband.
The child currently resides with the applicant.
6.  On 6 May 2005, the applicant was granted a dependency waiver for the
purpose of reenlisting in the Mississippi Army National Guard, where she is
currently serving.

7.  Army Regulation 635-5-1 provides Separation Program Designator Codes to
be used at the time of separation.  It provides, in pertinent part, that
enlisted soldiers denied continued service who are separated at the time of
their expiration of term of service (ETS) will be issued a Separation Code
of “LBK” and a RE Code of “3.”

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 USAR.  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-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.

DISCUSSION AND CONCLUSIONS:

1.  Absent evidence to the contrary, it must be presumed that the
applicant’s administrative separation was accomplished in accordance with
applicable regulations with no indication of any violations of the
applicant’s rights.

2.  The applicant was issued a separation code of “LBK” which indicated
that she was denied continuation of service.  Although it cannot be
determined based on the available records, the basis for her being barred
from reenlistment, she was properly issued a RE Code of “3” based on her
separation code.

3.  Therefore, lacking evidence to the contrary to show that she was not
denied continuation on active duty at the time, it must be presumed that
what the Army did at the time was correct.

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

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 May 1995; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 27 May 1998.  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

__RD ___  ___DD__  ___LR___  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.




                                  _____Richard Dunbar______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060006839                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19950528                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |4/RE CODE                               |
|1.100.0300              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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