IN THE CASE OF:   

	BOARD DATE:            4 November 1998
	DOCKET NUMBER:   AC98-09994

	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	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Thomas N. Kuhn		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 records be corrected to show that he was eligible for and was accepted for enlistment in the Regular Army.

APPLICANT STATES:  That while he was reduced in grade from E-4 to E-1 while in the Regular Army as a result of accepting nonjudicial punishment (NJP) twice, he has since been promoted back to pay grade E-4.  The only other mark against him is his conviction for driving under the influence of alcohol, but that occurred when he didn’t have any military status at all and should not be held against him.

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

He enlisted in the USAR with assignment to a troop program unit on 28 November 1984.

He enlisted in the Regular Army on 19 February 1986 and was promoted to pay grade E-4.

The applicant accepted NJP on three occasions, on 10 June, 19 September and 27 December 1988.  Two of those NJP’s were failure to go at the time prescribed to his appointed place of duty, and one was for making an official statement with the intent to deceive, in that he told his commander that the Red Cross had contacted him and informed him that his father had died, a statement he knew to be false.

On 23 September 1988 the applicant’s commander notified him of his intent to bar him from reenlistment.  The applicant did not submit any matters in his own behalf to rebut the proposed bar and, when the bar was approved, did not appeal that action.

On 22 February 1989 the applicant was honorably released from active duty at the expiration of his term of service and transferred to the USAR Control Group.  The DD Form 214 he was issued shows that he had served 3 years and 4 days of active service during that period and had 5 months and 26 days of prior active service.  The DD Form 214 also shows that he was separated in pay grade E-1 and was assigned a reenlistment eligibility (RE) code of RE-3C.

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 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.

The code of RE-3 applies to persons not qualified for continued Army service, but the 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, and 14 of Army Regulation 635-200.

RE-3C applies to persons who have completed more than 4 months service who do not meet the basic eligibility pay grade requirements of chapter 2, Army Regulation 601-280, or who have been denied reenlistment under the Qualitative Retention Process according to chapter 10, Army Regulation 601-280.

Army Regulation 601-210, paragraph 4-6, requires a waiver of one conviction or adverse disposition for a DUI/DWI in order to reenlist  Paragraph 4-26 specifies that a civil offense must be considered for a waiver if it has never been previously revealed.

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

1.  The Army, like most employers, does not take back former members if those members demonstrated that they could or would not follow its rules and regulations.  While there are exceptions, processed as waivers, with the downsizing of the Army those waivers have virtually disappeared.

2.  The applicant has six disqualifications for reenlistment; three NJP’s, a bar to reenlistment, his pay grade at the time of his separation from active duty, and his adverse civil disposition of a DUI/DWI charge.

3.  While the applicant’s record does not contain the paperwork pertaining to his request for reenlistment in the Regular Army, it can be assumed that he was denied reenlistment when the recruiter discovered the extent of his disqualifications.

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

JEV  LLS     TNK  DENY APPLICATION

                                                                 Edmund P. Mercanti

Loren G. Harrell
Director