RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 October 2006
      DOCKET NUMBER:  AR20060014139


      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:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. Peter Fisher                  |     |Member               |
|     |Mr. Rowland Heflin                |     |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 3 to
1.

2.  The applicant does not provide an explanation.

3.  The applicant provides no additional evidence in support of her
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 March 2002.  The application submitted in this case is dated
13 September 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.  Having prior inactive and active service, the applicant enlisted in the
Regular Army on 28 June 1994 for a period of 4 years.  She served as an
administrative specialist and remained on active duty through continuous
extensions and reenlistments.  On 22 March 2002, the applicant was
honorably discharged in the rank of specialist under the provisions of Army
Regulation 635-200, chapter 4, for completion of required active service
after completing 9 years, 7 months, and
3 days of creditable Active Federal Service.

4.  Item 25 (Separation Authority) on the applicant's DD Form 214
(Certificate of Release or Discharge from Active Duty) shows the entry, "AR
[Army Regulation] 635-200, CHAP [chapter] 4."  Item 26 (Separation Code) on
her DD Form 214 shows the entry, "JBK."  Item 27 (Reentry Code) on her DD
Form 214 shows the entry, "3."  Item 28 (Narrative Reason for Separation)
on her DD Form 214 shows the entry, "COMPLETION OF REQUIRED ACTIVE
SERVICE."

5.  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 “JBK” is “Completion of Required Active Service” and the
regulatory authority is Army Regulation
635-200, chapter 4.  The regulation also states that separation code "JBK"
is to be used for Regular Army Soldiers ineligible for, barred from, or
otherwise denied reenlistment that are separated on completion of
enlistment.

6.  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.

7.  Paragraph 3-10b(3) of Army Regulation 601-210 states that if a
specialist is eligible to enlist with or without a waiver or grade
determination the term of enlistment when added to previous Active Federal
Service will not exceed 10 years of Active Federal Service.

8.  Paragraph 3-15a of Army Regulation 601-210 states that enlistment in
the Regular Army is authorized for a period of at least 2, but not more
than 6 years.  A specific military occupational specialty may require a
minimum term of service.
9.  RE-3 applies to persons who are not qualified for continued Army
service, but the disqualification is waivable.

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

11.  The Separation Program Designator Code/Reentry Code Cross Reference
Table, dated March 2001, shows that SPD [Separation Program Designator]
"JBK" will be issued a RE code of 3.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that
the applicant’s RE code was administratively correct and in conformance
with applicable regulations at the time of her separation.  Presumably,
because she was separated with more than 9 years of service, and her
minimum enlistment period would be 2 years, she was not eligible for
enlistment without a waiver.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 22 March 2002; therefore, the time for the applicant
to file a request for correction of any error expired on 21 March 2005.
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

JM_____  __PF____  __RH____  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.




                                  __John Meixell________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014139                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061017                                |
|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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