RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 May 2007
      DOCKET NUMBER:  AR20060016428


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Mr. Eddie L. Smoot                |     |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, in effect, reconsideration of his earlier
request to change his reenlistment eligibility (RE) code on his National
Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for
the period ending      12 July 1995.  He also requests, in effect,
reconsideration of his earlier request to correct the status of his period
of service from 1994 to 1995.

2.  The applicant states that paragraph 2 of the DISCUSSION AND CONCLUSIONS
in Army Board for Correction of Military Records (ABCMR) Docket Number
AR20050018136, dated 29 August 2006, is incorrect.  He states he and the
Department of Veterans Affairs (VA) have a copy of the NGB Form  22 for the
period ending 12 July 1995 with the RE code listed on it.

3.  The applicant also states, in effect, that paragraph 3 of the
DISCUSSION AND CONCLUSIONS in ABCMR Docket Number AR20050018136, dated
  29 August 2006, (which states he “has provided no corroborating
documentation to support his contention that his military status, from 13
July 1994 through       12 July 1995, was anything other than what is
reflected on the NGB Form 22, dated 12 July 1995”) is wrong.  He is
providing a portion of his enlistment contract that confirms he was in an
active unit status for one year.   He states it appears the ABCMR failed to
seriously address this properly.

4.  Based upon statements made in earlier ABCMR cases, the applicant’s
requests/contentions appear to be related to a VA disability claim.

5.  The applicant provides an NGB Form 22 for the period ending 12 July
1995 and what appears to be a Statement of Understanding of Reserve
Obligation and Responsibilities.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
ABCMR in Docket Number AR20050018136 on 29 August 2006.

2.  The applicant provides new evidence which will be considered by the
Board.

3.  The applicant enlisted in the U. S. Army Reserve (Delayed Entry
Program) on 20 February 1975.  He enlisted in the Regular Army on 7 April
1975.  While in advanced individual training, he was recommended for
discharge under the Trainee Discharge Program.  He was honorably discharged
on 27 June 1975.

4.  The applicant enlisted in the Army National Guard (ARNG) on 24 January
1979 for one year.  His NGB Form 22 for the period ending 23 January 1980
shows he was honorably discharged from the ARNG and as a Reserve of the
Army on 23 January 1980.

5.  The applicant enlisted in the ARNG on 4 June 1984.  On 3 June 1986, he
was honorably discharged from the ARNG and transferred to the U. S. Army
Reserve Control Group (Annual Training).

6.  The applicant’s 13 July 1994 ARNG enlistment contract is not available.
 He provided what appears to be a Statement of Understanding of Reserve
Obligation and Responsibilities from this enlistment that shows he was
enlisting for Try One in the ARNG and his minimum period on active unit
status was one year.

7.  On 12 July 1995, the applicant was honorably discharged from the ARNG
and as a Reserve of the Army upon the completion of his expiration of
service obligation.  The file copy of his NGB Form 22 for the period ending
12 July 1995 apparently was the copy not meant to contain items 23
(Authority and Reason); 24 (Character of Service); 25 (Type of Certificate
Used); 26 (Reenlistment Eligibility); and 27 (Request or Decline Copies of
My NGB Form 22 and Initials).
Therefore, Paragraph 2 of the DISCUSSION AND CONCLUSIONS in ABCMR Docket
Number AR20050018136, dated 29 August 2006, concluded “The 12 July 1995 NGB
Form 22 does not contain an RE code.  As such, there is no entry to
correct.”

8.  The applicant provided a copy of his NGB Form 22 for the period ending
    13 July 1995 that contains items 23 through 27.  Item 26 shows his RE
code as RE code 1 (fully qualified for immediate reenlistment).

9.  Title 10, U. S. Code, section 10105 states the Army National Guard of
the United States is the Reserve component of the Army that consists of
federally recognized units and organizations of the ARNG and members of the
ARNG who are also Reserves of the Army.  Section 10141(b) states Reserves
who are on the inactive status list of a Reserve component, or who are
assigned to the inactive ARNG or the inactive Air National Guard, are in an
inactive status.  Members in the Retired Reserve are in a retired status.
All other Reserves are in an active status.

DISCUSSION AND CONCLUSIONS:

1.  It appears the copy of the applicant’s NGB Form 22 for the period
ending     12 July 1995 that was filed in his records was the copy not
meant to contain items 23 through 27.  Therefore, Paragraph 2 of the
DISCUSSION AND CONCLUSIONS in ABCMR Docket Number AR20050018136, dated 29
August 2006, concluded “The 12 July 1995 NGB Form 22 does not contain an RE
code. As such, there is not entry to correct.”

2.  The applicant has now provided a copy of his NGB Form 22 for the period
ending 13 July 1995 that contains items 23 through 27.  Item 26 shows his
RE code as RE code 1.  However, there is no evidence of record and he has
provided no evidence to show he was not fully qualified for reenlistment at
the time he was separated.

3.  The applicant contended that paragraph 3 of the DISCUSSION AND
CONCLUSIONS in ABCMR Docket Number AR20050018136, dated 29 August 2006,
(which states he “has provided no corroborating documentation to support
his contention that his military status, from 13 July 1994 through 12 July
1995, was anything other than what is reflected on the NGB Form 22, dated
12 July 1995) is wrong.  He provided a portion of his enlistment contract
that he contends confirms he was in an active unit status for one year.

4.  Paragraph 3 of the DISCUSSION AND CONCLUSIONS in ABCMR Docket Number
AR20050018136, dated 29 August 2006, was correct.  There was no error on
his NGB Form 22 for the period ending 12 July 1995.  That NGB Form 22
confirms he was in the ARNG from 13 July 1994 through 12 July 1995.

5.  By law, the Army National Guard of the United States is the Reserve
component of the Army that consists of federally recognized units and
organizations of the ARNG and members of the ARNG who are also Reserves of
the Army.  Since the applicant was not on the ARNG inactive status list and
he was not in the Retired Reserve, he was in an active status.  The VA
should be fully aware that he was in an active unit status while he was in
the ARNG from  13 July 1994 through 12 July 1995.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__lds___  __jlp___  __els___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of
the ABCMR set forth in Docket Number AR20050018136 dated 29 August 2006.




                                  __Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060016428                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070508                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |100.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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