MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            4 February 1999  
	DOCKET NUMBER:   AC98-12563
   AR1998012594

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Van B. Cunningham		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his reentry (RE) code be changed to a more favorable RE code. 

APPLICANT STATES:  In effect, that according to an investigation, his counseling package should be corrected and that his bar to reenlistment was inappropriate.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted on 15 May 1984 for a period of 4 years and training as a combat signaler.  He remained on active duty through a series of continuous reenlistments and was advanced to the pay grade of E-4 on 15 May 1986.

On 8 November 1989 nonjudicial punishment was imposed against the applicant for assaulting a NCO.  His punishment consisted of a reduction to E-1, 30 days of confinement in the correctional confinement facility (suspended) and a forfeiture of pay.  

On 2 January 1992, while stationed at Schofield Barracks, Hawaii, the applicant’s commander initiated action to bar him from reenlistment.  He cited as the basis for his recommendation numerous counseling sessions in which the applicant had been counseled for indebtedness, disobeying lawful orders, disrespect to a NCO, sexually harassing females and not being recommended for promotion.  The applicant elected not to submit a statement in his own behalf.

The appropriate authority approved the bar to reenlistment on 4 January 1992.

On 8 January 1992 the applicant submitted a request to be discharged under the provisions of Army Regulation 635-200, chapter 16, due to his perceived inability to overcome his bar to reenlistment.

The appropriate authority approved his request and on 21 February 1992 the applicant was honorably discharged in the pay grade of E-4 under the provisions of Army Regulation 635-200, paragraph 16-5b, due to a locally imposed bar to reenlistment.  He had served 7 years, 9 months, and 7 days of total active service and was issued a reentry code of RE-3.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-5 applies to personnel denied reenlistment and provides that soldiers who receive DA imposed or locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar may apply for immediate discharge.  Incident to the request the member must state that he or she understands that later reenlistment is not permitted.

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 processing into the Regular Army 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.

RE-3 applies to persons not qualified for reentry or continuous service at time of separation, but 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, 14, and 16 of Army Regulation 635-200.   

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s bar to reenlistment was properly imposed in accordance with the applicable regulations.

2.  The applicant requested discharge prior to ETS based on his perception that he would be unable to overcome the bar to reenlistment.  In doing so, he acknowledged that he understood that he would not be permitted to reenlist at a later date.

3.  He was properly discharged based on his request in accordance with the applicable regulations and there is no evidence of any violation of the applicant’s rights.  Likewise, the applicant has failed to show through the evidence submitted or the evidence of record, that the bar to reenlistment which resulted in his receiving an RE code of RE-3 was in error or unjust.  Therefore, there is no basis to change his RE code.   

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

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___jhl___  __vbc ___  ___aao__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12563/AR1998012594	
SUFFIX		
RECON	 	
DATE BOARDED	1999/02/04	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  100.030		
2.  110.000		
3.		
4.		
5.		
6.