RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         4 April 2006
      DOCKET NUMBER:  AR20050008190


      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. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 her reentry (RE) code of
RE-4.

2.  The applicant states, in effect, that a reenlistment officer informed
her that the only way she should have received an RE-4 code was if her bar
to reenlistment had been imposed by Department of the Army (DA).  She
claims that her research has revealed that DA imposes bars to reenlistment
on individuals in the rank of staff sergeant (SSG) and above and she was
separated in the rank of specialist four (SP4).

3.  The applicant provides her separation orders and separation document
(DD Form 214) in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 16 October 1991.  The application submitted in this case
was received on 6 June 2005.

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's record shows that she enlisted in the Regular Army and
entered active duty on 2 December 1987.  She was trained in, awarded and
served in military occupational specialty (MOS) 72G (Automatic Data
Telecommunications Operator), and the highest rank she attained while
serving on active duty was SP4.

4.  On 16 September 1991, the applicant's unit commander prepared a Bar to
Reenlistment Certificate (DA Form 4126-R) on the applicant.  The unit
commander stated that the applicant admitted she could not balance her
career and family requirements, and was unable to meet her obligation to
the Army.  As a result he was initiating the bar to reenlistment based on
the applicant's failure to respond to duty requirements because of
parenthood.

5.  The applicant acknowledged that she had been provided a copy of the DA
Form 4126-R and that she was counseled and advised of the basis for the
action. She further indicated that she did not desire to submit a statement
in her own behalf.  The applicant entered a comment that indicated that she
waived any rebuttal to the bar to reenlistment and that she wished to be
processed for separation expeditiously.

6.  On 1 October 1991, the bar to reenlistment on the applicant was
approved.  The applicant indicated that she would not appeal the bar to
reenlistment.

7.  On 16 October 1991, the applicant was honorably separated after
completing 3 years, 10 months, and 16 days of active military service.  The
DD Form 214 she was issued upon her separation confirms she was separated
under the provisions of chapter 16, Army Regulation 635-200, by reason of
bar to reenlistment.  It also shows that based on the authority and reason
for her separation, she was assigned the Separation Program Designator
(SPD) code of KGF and the RE code of RE-4.

8.  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 US 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.  RE-4 applies to persons who are permanently
disqualified for continued Army service.

9.  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 of KGF was the appropriate code to assign
to Soldiers separated under the provisions of chapter 16, Army Regulation
635-200, by reason of bar to reenlistment.  The SPD/RE Code Cross Reference
Table in effect at the time provided for assignment either RE-4 or RE-3 for
members separated with this SPD code.  It explained, in pertinent part,
that members separated under this provision who had a local bar to
reenlistment with less than 18 years of service would be assigned the RE-3
code.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her RE-4 code assignment was improper
was carefully considered and found to have merit.  By regulation, members
separated under the provisions of chapter 16, Army Regulation 635-200, with
a SPD code of KGF, based on a local bar to reenlistment would be assigned
the RE code of RE-3.

2.  The evidence of record confirms the applicant was separated by reason
of a local bar to reenlistment and that based on the authority and reason
for her separation, and the properly assigned SPD code of KGF, she should
have been assigned the RE code of RE-3, and not RE-4 as is listed on her
separation document.  Therefore, it would be appropriate and serve the
interest of justice to correct the applicant's record to show she was
separated with an RE code of
RE-3.

BOARD VOTE:

___JEA  _  __JAM__  __JRM__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing she was assigned the reentry
code of RE-3 upon her separation; and by providing her with a correction to
her separation document that reflects this change.




                                  _____James E. Anderholm _
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050008190                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/04/04                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1991/10/16                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Bar to Re-Up (local)                    |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  04   |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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