Search Decisions

Decision Text

ARMY | BCMR | CY2007 | 20070000660
Original file (20070000660.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 June 2007
	DOCKET NUMBER:  AR20070000660 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Ms. Margaret Patterson

Chairperson

Mr. Ronald Gant

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 his reenlistment (RE) code on his NGB (National Guard Bureau) Form 22 (Report of Separation and Record of Service) be changed.

2.  The applicant states that he is trying to enlist in the U.S. Marine Corps.

3.  The applicant provides a copy of his NGB Form 22.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 26 August 1993.  The application submitted in this case is dated 27 December 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 enlisted in the Army National Guard on 6 May 1993 for a period of 8 years. 

4.  Headquarters, Department of Military Affairs, State of Illinois Orders 65-63, dated 5 April 1994, show the applicant was discharged under the provisions of National Guard Regulation 600-200.  He was issued an uncharacterized discharge.

5.  The applicant’s NGB Form 22 shows that he was discharged for entry level status and conduct.  Item 26 (Reenlistment Eligibility) on his NGB Form 
22 shows the entry, “RE-3.”

6.  National Guard Regulation 600-200 (Enlisted Personnel Management) governs procedures for enlisted personnel of the Army National Guard.  
This regulation prescribes policy and eligibility standards for the enlistment of persons with prior service or non-prior service into the Army National Guard of the United States.  It states, in pertinent part, that RE-3 is assigned when a Soldier is eligible for reenlistment only with an approved waiver.  It also states that RE-3 applies to persons discharged for entry level status and conduct.

7.  National Guard Regulation 600-200 also states that RE-1 applies to persons eligible for reentry.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s RE code was administratively correct and in conformance with applicable regulations at the time of his separation.  

2.  Records show the applicant should have discovered the alleged error now under consideration on 26 August 1993; therefore, the time for the applicant to file a request for correction of any error expired on 25 August 1996.  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

MP____  __RG____  __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.



___Margaret Patterson_
          CHAIRPERSON




INDEX

CASE ID
AR20070000660
SUFFIX

RECON

DATE BOARDED
20070614
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100.0300
2.

3.

4.

5.

6.


Similar Decisions

  • ARMY | BCMR | CY2004 | 2004106640C070208

    Original file (2004106640C070208.doc) Auto-classification: Approved

    He enlisted in the Army National Guard (ARNG) on 24 November 1993 for 4 years. On 2 May 1995, the applicant requested transfer to the Inactive National Guard (ING) for one year. On 20 November 1997, 3 days prior to his normal expiration term of service (ETS), the applicant was honorably discharged from the ARNG and transferred to the U. S. Army Reserve (USAR) Control Group (Reinforcement) under the provisions of National Guard Regulation 600-200, paragraph 8-27v, due to failure to report...

  • ARMY | BCMR | CY2009 | 20090001333

    Original file (20090001333.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests that his 1993 discharge from the Michigan Army National Guard be upgraded from a general discharge to fully honorable. Although documents associated with his administrative separation from the Michigan Army National Guard were not in records available to the Board, the applicant’s 1993 NGB Form 22 indicates the applicant was discharged under the provisions of National Guard...

  • ARMY | BCMR | CY2007 | 20070013429

    Original file (20070013429.txt) Auto-classification: Denied

    Powers Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's military records show he enlisted in the California Army National Guard (CAARNG), on 6 March 1975, in the rank and pay grade of SP4/E-4, with prior service. A review of the applicant's military service record and Summary of Retirement Points shows that he did not serve in pay grade E-6 satisfactorily because of his reduction for misconduct.

  • ARMY | BCMR | CY2005 | 20050002132C070206

    Original file (20050002132C070206.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 December 2005 DOCKET NUMBER: AR20050002132 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. His NGB Form 22 and his discharge orders both show that he was separated with an honorable discharge due to medical unfitness under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management),...

  • ARMY | BCMR | CY2005 | 20050002219C070206

    Original file (20050002219C070206.doc) Auto-classification: Denied

    The applicant requests, in effect, that the Reenlistment (RE) Code associated with his honorable discharge of 31 March 1997 be changed from RE- 3 to RE-1 He also requests, in effect, that permission be granted for him to visit a federal medical facility for the purpose of undergoing a medical evaluation to reassess his medical fitness in support of his request to change his discharge. The applicant's records contain NGB Form 22 (Report of Separation and Record of Service), with an effective...

  • ARMY | BCMR | CY2007 | 20070017966

    Original file (20070017966.txt) Auto-classification: Denied

    He has completed a Drug and Alcohol program after he was discharged from the Army National Guard and he now has two children and is working as a Veterans Service Officer for his county. The applicant's discharge packet was not included in his record; however, the NGB Form 22 he was issued shows he was discharged under honorable conditions (General Discharge) for alcohol or other drug abuse rehabilitation failure under the provisions of National Guard Regulation 600-200, paragraph 8-26r on...

  • ARMY | BCMR | CY2010 | 20100017535

    Original file (20100017535.txt) Auto-classification: Denied

    The applicant requests upgrade of his general discharge to an honorable discharge. There is no evidence he applied to the Army Discharge Review Board (ADRB) for upgrade of his discharge within that board's 15-year statute of limitations. The type of discharge directed and the reasons for separation were appropriate considering all of the evidence of record.

  • ARMY | BCMR | CY2006 | 20060000796C070205

    Original file (20060000796C070205.doc) Auto-classification: Denied

    With his discharge from the Army Reserve he no longer qualified for continuation in the INARNG and was discharged. Service under entry-level separation provisions is uncharacterized and requires an RE-3 code. Records show the applicant should have discovered the alleged error or injustice now under consideration on 13 December 2002; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 12 December 2005.

  • ARMY | BCMR | CY2009 | 20090018802

    Original file (20090018802.txt) Auto-classification: Denied

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) and National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to show she provided military campaign support to Bosnia while assigned to Detachment 3, Headquarters, State Area Regional Command (STARC), Annville, PA. 2. There is no evidence, and the applicant provides insufficient evidence, to show that the authority for her transfer is incorrect or that it was...

  • ARMY | BCMR | CY2013 | 20130022322

    Original file (20130022322.txt) Auto-classification: Denied

    Her DA Form 2-1 (Personnel Qualification Record) shows she was promoted to PFC/E-3 in the USAR on 10 January 1985. The applicant enlisted in the ARNG on 15 February 1990 in the rank/grade of SPC/E-4. After having accumulated over 16 unexcused absences, her chain of command declared her an unsatisfactory participant and reduced her to PFC/E-3 for inefficiency.