MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           10 February 1999                   
	DOCKET NUMBER:   AC98-08435
			              AR1998000665

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Patrick Bogenberger		Chairperson	
	Mr. Elzy J. Arledge, Jr.		Member	
	Mr. Gary F. Geraets		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:  That his DD Form 214 (Certificate of Release or Discharge) be corrected to show award of the Army Commendation Medal (ARCOM), the Kuwait Defense Medal and the Good Conduct Medal (GCMDL) and to change his Reentry Eligibility (RE) Code from RE-4 to RE-1.

APPLICANT STATES:  That he was recommended for and entitled to these awards, but he did not receive them at discharge.  He also states that his RE Code is in error because he did not do anything that would bar him from reenlistment.

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

The applicant initially entered active duty on 30 August 1983.  He served as a band member and a chaplain’s assistant during his service.  The applicant completed overseas assignments in Saudi Arabia and in Germany and was honorably discharged on 31 July 1996.

The applicant’s DD Form 214 shows entitlement to three awards of the ARCOM. There is no evidence which shows that he was recommended for or otherwise entitled to any additional awards of the ARCOM.

The applicant requested award of the “Kuwait Defense Medal”.  The Military Awards regulation does not show the “Kuwait Defense Medal” as an authorized award.  His DD Form 214 shows that he received the service medal and two foreign awards authorized for service in Southwest Asia.

The applicant’s DD Form 214 shows three awards of the GCMDL.  His records contain orders for the third award which covered the period 30 August 1992 through 29 August 1995.

The applicant’s DD Form 214 shows that he was discharged under the provisions of Army Regulation 635-200, paragraph 16-8 due to reduction in force.  His DD Form 214 shows the RE Code as “4”.  Records show that the applicant was notified by a 8 September 1995 Department of the Army letter that a bar to reenlistment had been imposed on him under the Qualitative Management Program (QMP).  He submitted an appeal which was denied.  The applicant was notified of this denial by a Department of Army endorsement, dated 19 March 1996.  This notification also stated that the Secretary of the Army directed early release of soldiers with a QMP bar to reenlistment (Enlisted Qualitative Early Separation Program), when budgetary or authorization limitations required a reduction in enlisted strength.  

Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

Army Regulation 600-200, chapter 4, sets forth policy and prescribes procedures for denying reenlistment under the QMP.  The QMP consists of two major subprograms, the qualitative retention subprogram and the qualitative screening subprogram.  Under the qualitative screening subprogram, records for grades 
E-5 through E-9 are regularly screened by the DA promotion selection boards.  The appropriate selection boards evaluate past performances and estimate the potential of each soldier to determine if continued service is warranted.  Soldiers whose continued service is not warranted receive a QMP bar to reenlistment.

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.  Table 3-6 of the regulation, in effect at the time, states that RE-4 applies to persons separated from their last period of service with a nonwaivable disqualification and include persons being separated with a Department of the Army Bar to Reenlistment in effect.

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.  There is no evidence of record, and the applicant has not provided any evidence, which shows he is entitled to any additional awards of the ARCOM.  Therefore, the applicant’s DD Form 214 is correct as currently constituted.

2.  Evidence of record shows that the applicant received the service medal awarded by the United States and the two foreign awards authorized for service in Southwest Asia; therefore, he is not entitled to additional awards for his service in Southwest Asia.

3.  The applicant’s records show he received the third award of the GCMDL for the period 30 August 1992 through 29 August 1995 and that he was separated from the service on 31 July 1996.  Therefore, he did not complete a period of qualifying service necessary for an additional award of the GCMDL.

4.  The Board noted the applicant’s contention that he did nothing to warrant a bar to reenlistment.  However, the applicant received a QMP bar to reenlistment which required a RE Code of 4 upon separation from the service.  Therefore, the applicant is not entitled to a change of RE Code.  

5.  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 the aforementioned requirement.

6.  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

PB_____  EJA_____  GFG____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-08435/AR1998000665	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990210	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	102.00	
3.		
4.		
5.		
6.