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 applicants 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 applicants 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 applicants 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.
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