RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 April 2008
      DOCKET NUMBER:  AR20070016827


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Larry W. Racster              |     |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, a change to his reentry (RE) code.

2.  The applicant states, in effect, that in October 2007, he attempted to
enlist in the United States Army Reserve (USAR); however, his recruiter
informed him that he required a waiver of his RE-3 code to enlist.  He
states he was informed the reason he required a waiver was that his former
Reserve unit indicated that he missed drills before his separation from the
USAR in 2002.  He claims he did not miss a drill, but instead with the
permission of his Officer in Charge (OIC), he completed three or four
drills with a different unit until he left for a 12-week course required
for his civilian employment with the United States Customs Service.  He
states he received a waiver of his RE-3 code from the Recruiting Battalion;
however, he believes an injustice was made and he does not want this on his
record.  He states that he should have a normal RE code as if he missed no
drills.

3.  The applicant provides the following documents in support of his
application: Department of the Treasury Letter (Job Offer), dated 20 May
2002; Civilian Pay Voucher, dated 27 June 2002; Separation Document (DD
Form 214); USAR Discharge Orders, dated 2 November 2002; Record of
Individual Performance of Reserve Duty Training (DA Form 1380); and
Recruiter Waiver Request, dated
15 October 2007.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he enlisted in the Regular Army (RA)
and entered active duty on 5 January 1995.  He served for 3 years until
being honorably released from active duty (REFRAD) on 4 January 1998.

3.  The DD Form 214 issued to the applicant upon his REFRAD on 4 January
1998, shows he separated under the provisions of Chapter 4, Army Regulation
635-200, by reason of completion of required service, and that he was
assigned a Separation Program Designator (SPD) code of MBK and an RE code
of 3.  It also shows that he was transferred to the 1070 Maintenance
Company, Michigan Army National Guard (ARNG).

4.  On 9 June 1998, the applicant was discharged from the Michigan ARNG.
The Report of Separation and Record of Service (NGB Form 22) he was issued
at the time shows he was separated under the provisions of Paragraph 8-27x,
National Guard Regulation (NGR) 600-200, by reason of "Discharge of
Inservice Recruit Who Fails to Report," and transferred to the USAR Control
Group (Reinforcement).  The NGB Form 22 also shows he was assigned a
reenlistment eligibility code of RE-3.

5.  On 2 November 2002, the applicant was honorably discharged from the
USAR.

6.  The applicant provides a DA Form 1380 that indicates he performed
drills with the 323rd Combat Support Hospital, Southfield, Michigan.  This
form also indicates the applicant completed 8-hour drills on 4 June and 4
July 2002, as verified by the Maintenance Noncommissioned Officer in
Charge.  He provides no drill records from his ARNG unit.

7.  Army Regulation 601-210 covers eligibility criteria, policies, and
procedures for enlistment and processing into the RA and the USAR.  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.  RE-4 applies to persons who have a
nonwaivable disqualification.  RE-3 applies to persons who have a waivable
disqualification.

8.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities
(regulatory or directive), reasons for separating Soldiers from active
duty, and the SPD codes to be entered on the DD Form 214.  It states, in
pertinent part, that the SPD code MBK is the appropriate code to assign to
RA Soldiers who are eligible to reenlist with a Declination of Continued
Service Statement (DCSS) in force who are REFRAD on completion of
enlistment and transferred to the Reserves to complete their military
service obligation and are separated under the provisions of Chapter 4,
Army Regulation 635-200, by reason of completion of required active
service.  The SPD/RE Code Cross Reference Table stipulates that an RE-3
code will be assigned to members separated with a DCSS in force.

9.  NGR 600-200 (Enlisted Personnel Management) establishes the standards,
policies, and procedures for the management of ARNG enlisted Soldiers.
Chapter 8 contains guidance on administrative discharges from the ARNG, and
provides the authority to discharge members who fail to report to the
gaining State after enlistment through the Reserve Components (RC)
Transition Program and assignment of an RE-3 code.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention is not clear regarding which RE-3 code
assignment he is referring to, or which separation document he wishes to be
corrected.  As a result, both will be addressed.

2.  By regulation, RE-3 is the proper code to assign to members who are
assigned an SPD code of MBK and who are REFRAD and transferred to the
Reserve with a DCSS in force.  The evidence of record contains a properly
constituted DD Form 214 that shows the applicant was REFRAD and transferred
to the USAR under the provisions of Chapter 4, Army Regulation 635-200, by
reason of completion of required active service, and that he was assigned
an SPD code of MBK and an RE code of 3.  This separation document carries
with it a presumption of Government regularity.

3.  The record confirms the applicant authenticated the DD Form 214 with
his signature on the date of his REFRAD.  In effect, his signature was his
verification that the information contained on the separation document, to
include the
RE code entry, was correct at the time the separation document was prepared
and issued.  Therefore, absent evidence to the contrary, it is presumed the

RE-3 code assigned to him upon his REFRAD was and remains valid.

4.  Given the applicant's statement refers to Reserve service, it is more
likely he was referring to the RE-3 code he received in connection with his
Uncharacterized discharge from the ARNG.  The evidence of record confirms
the applicant was discharged from the ARNG on 9 June 1998, based on his
failure to report to the State after enlisting in the ARNG in conjunction
with his active duty separation.  It further shows that his discharge was
affected in accordance with applicable State law, and he was appropriately
assigned an RE-3 code.  Although he provides a DA Form 1380 that shows he
preformed drills with a USAR unit in June and July 2002, he fails to
provide any evidence related to his failure to report to his ARNG unit in
1998.  As a result, there is an insufficient evidentiary basis to change
his properly assigned RE-3 code at this time.

5.  Further, it appears from the applicant's own admission that a waiver of
his
RE-3 code was granted in 2007, which allowed his enlistment in the USAR.
Therefore, there appears he has suffered no injustice related to this
matter.  As a result, there is no compelling reason to support a change to
either the RE-3 code he was assigned in conjunction with REFRAD or in
connection with his ARNG discharge.

6.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__LE  ___  __JRS __  __LWR__  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 for correction of the
records of the individual concerned.




                                  _____Lester Echols______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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