RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         5 April 2007
      DOCKET NUMBER:  AR20060013726


      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      |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. Scott Faught                  |     |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 correction of appropriate military records to
show a reentry eligibility (RE) code which would allow reenlistment.  In
effect, this constitutes a request for removal or waiver of those
disqualifications which preclude reenlistment.

2.  The applicant states in effect, that at the time of his discharge, he
did not know that he would not be allowed to reenlist.  He states that he
was 17 years old when he joined the Army and that he had problems at home
and went absent without leave (AWOL) to take care of his mother and his
sister.  He states his intentions were to take care of his problems and to
later reenlist in the Army.  He states that the Army meant a lot to him;
however he could not let go of the problems at home.  He states that had he
known that he had an RE code that would not allow him to reenlist, he would
have attempted to have it changed years ago.  The applicant states that now
his life is good and that there is nothing holding him back.  He concludes
by stating that the Army is calling him and that he really has the desire
to enlist before he gets to old.

3.  The applicant provides in support of his application two letters from
associates attesting to his good character and post service conduct.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 18 September 1990.  The application submitted in this
case was received on 7 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.  On 3 May 1989, the applicant enlisted in the Army in Chicago, Illinois,
for 4 years, in the pay grade of E-1.  He successfully completed his
training as a power generation equipment repairer.  On 29 September 1990,
upon completion of his training, he was transferred to Fort Carson,
Colorado.

4.  The applicant was promoted to the pay grade of E-2 on 3 November 1989.

5.  On 17 July 1990, the applicant was notified that charges were pending
against him for being AWOL from 15 March until 14 July 1990.  He
acknowledged receipt of the notification and after consulting with counsel,
he submitted a request for discharge under the provisions of Army
Regulation 635-200, chapter 10, for the good of the service in lieu of
trial by court-martial.

6.  The appropriate authority approved the recommendation for discharge on
30 July 1990.  Accordingly, on 18 September 1990, the applicant was
discharged under other than honorable conditions, under the provisions of
Army Regulation 635-200, chapter 10, for the good of the service in lieu of
trial by court-martial.  He had completed 1 year and 17 days of net active
service and he was furnished an RE-3 code.

7.  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 and
processing into the Regular Army (RA) and the United States 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, including RA RE codes.

8.  An RE-3 code 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
9, 10, 13, and 14 of Army Regulation 635-200.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was properly assigned an RE code based on his reason for
separation.

2.  He submitted a request for discharge under the provisions of Army
Regulation 635-200, chapter 10.  He was furnished an RE-3 code in
accordance with the applicable regulation.




3.  The applicant's contentions have been noted.  The Board has also
considered the letter that he submitted in support of his application.
However, they are not sufficiently mitigating to warrant the relief
requested.  The fact that he contends that he was unaware that he would not
be allowed to reenlist in not a basis for changing the RE code that was
assigned to him at the time of his discharge, as the RE code that he was
assigned appears to be correct.

4.  Although the Army Board for Correction of Military Records has denied
both a change in your RE code and waiver of the disqualification, this does
not mean that the applicant has been completely denied the opportunity to
reenlist.  Recruiting personnel have the responsibility for initially
determining whether an individual meets current enlistment criteria.  They
are required to process a request for waiver under the provisions of
chapter 4, Army Regulation 601-210 (Regular Army and Army Reserve
Enlistment Program).  Therefore, since enlistment criteria does change, and
since the applicant has the right to apply for a waiver, it is suggested
that he periodically visit his local recruiting station to determine if he
should apply for a waiver.

5.  In order to justify correction of a military record the applicant must
show 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.

6.  In view of the foregoing, there is no basis for granting the
applicant's request.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 September 1990; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 17 September 1993.  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

__LS  ___  ___JR  __  __SF ___  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.




                                  _____ Linda Simmons_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013726                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070405                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000/ADMINISTRATIVE MATTERS         |
|2.  4                   |100.0300/CHANGE OF RE CODE              |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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