RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 May 2007
      DOCKET NUMBER:  AR20060014587


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric N. Andersen              |     |Chairperson          |
|     |Mr. Antonio Uribe                 |     |Member               |
|     |Mr. Rodney E. Barber              |     |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 narrative reason for separation;
separation code; and, in effect, her reentry (RE) code be changed.

2.  The applicant states she would like to enlist in the Army National
Guard.  She was told she might be able to enlist in the Army National Guard
in the rank and grade of Sergeant First Class, E-7 if she could get her
records corrected.

3.  The applicant provides a DD Form 293 (Application for the Review of
Discharge from the Armed Forces of the United States); her DD Form 214
(Certificate of Release or Discharge from Active Duty); and emails from her
Army National Guard recruiter.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 July 1999.  The application submitted in this case was
originally dated 28 August 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 military records are not available to the Board.  This
case is being considered using reconstructed records, which consist of her
DD Form  214 and four noncommissioned officer evaluation reports.

4.  The applicant enlisted in the Regular Army on 20 September 1983.  She
was promoted to Staff Sergeant, E-6 on 1 July 1990.

5.  On 31 July 1999, the applicant was honorably discharged under the
provisions of Army Regulation 635-200, paragraph 16-8 with half involuntary
separation pay.  Her DD Form 214 shows her narrative reason for separation
as “Reduction in Force,” her separation code as “JCC” (involuntary
discharge under
the provisions of Army Regulation 635-200, paragraph 16-8), and her RE code
as “4.”  She had completed 15 years, 10 months, and 11 days of creditable
active service.

6.  Army Regulation 635-200 (Personnel Separations Enlisted Personnel),
paragraph 16-8 in the version in effect at the time, provided for the
voluntary or involuntary early separation of Soldiers when authorization
limitations, strength restrictions, or budgetary constraints required the
size of the enlisted force to be reduced.

7.  The Separation Designator Code (SPD)/Reentry (RE) Code Cross Reference
Table in effect at the time (and the following one, dated October 1999)
provided that when the separation code was JCC then RE code 3 would be
issued.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it appears that the
applicant was given the correct narrative reason for separation (“Reduction
in Force”) and separation code (“JCC”) upon her discharge on 31 July 1999.

2.  However, the guidance in effect at the time provided that when the
separation code was “JCC” then RE code 3 would be issued.  The applicant
was given RE code 4.  It appears that her DD Form 214 should be corrected
to show she was given RE code 3.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 July 1999; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         30 July 2002.  The applicant did not file within the 3-
year statute of limitations; however, based on the available evidence, it
would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__ena___  __au____  __reb___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that the DD Form 214 of the
individual concerned be corrected by showing she was given RE code 3.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing her narrative reason for separation or her separation code.




                            __Eric N. Andersen____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014587                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070517                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |100.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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