MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 August 1999                  
	DOCKET NUMBER:   AR1999021702

	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. David E. Weightman		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Melvin H. Meyer		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:  Correction of appropriate military records to remove code RE-4 and to show a reentry eligibility (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of the disqualification which precludes reenlistment.

APPLICANT STATES:  The charges against him for DWI (Driving While Intoxicated) were dropped by a Texas court and he met all requirements to have the bar removed but it was not.  He also states the bar was removed but he was still forced out of the Army and unable to return.  He submits a statement and numerous documents in support of his application.  The documentation includes his DD Form 214, Personnel Qualification Record, copies of training certificates, college course credit, the court appearance record, and the approval for removal of his unit imposed bar to reenlistment.

EVIDENCE OF RECORD:  The applicant's Military Personnel Records Jacket (Field 201 File) was provided to the Board.  The records show:

The applicant was enlisted in the Regular Army on 14 July 1981.  He attained the rank of staff sergeant E-6 on 1 January 1991.

On 30 October 1993 the applicant, while driving his vehicle at 0238 hours, was stopped and arrested for failing to maintain a single marked lane, and for failure to pass a field sobriety test.  A BAT (breath analysis test) was administered at the police station and it was .19.

On 15 December 1993 he received counseling, a unit imposed bar to reenlistment from his cavalry commander, a lieutenant colonel, for the misconduct and a letter of reprimand.  The bar was also approved by the Division commander.

On 28 January 1994, at the county court, Bell County, Texas, he was adjudged to be guilty of failure to drive within a single lane and was fined a total of $250.00.

The applicant and his commander requested removal of the unit imposed bar on the basis that he was not convicted of DWI and the DWI charges were dropped by the State of Texas.  On 15 March 1995 his request was approved and the unit bar was ordered removed by his Division commander.

On 8 September 1995 a Departmental bar to reenlistment (DA Bar) was imposed against the applicant under the Qualitative Management Program (QMP) based on a review of his records by the CY95 Sergeant First Class/Advanced Noncommissioned Officer Course Promotion/Selection Board.  He was selected for the bar because of his failure to demonstrate professional ability by performance of duty and to maintain standards of conduct which set an example for younger soldiers.  His failure was demonstrated by his misconduct and performance.  The DA Bar cited a 1992 evaluation report showing that he needs improvement, a letter of reprimand, and a failure of a basic NCO course.

He acknowledged the DA Bar on 10 October 1995.  At this time the applicant had 14 years and 3 months of active duty.

On 25 October 1995 he submitted an appeal of the DA bar by submitting a memorandum to his unit.  He stated, among other things, that during his time in the service he has made mistakes and learned from them, however, he had overcome the cited shortcomings, and that not all of the documentation is valid or should not have been considered.  The appeal was not approved.

On 31 July 1996 he was honorably discharged from the Regular Army with 
15 years and 17 days of active duty.  He received $17.010.00 separation pay and he was assigned code RE-4.

Army Regulation 601-280, chapter 10, sets forth policy and prescribes procedures for denying reenlistment under the QMP. This program is based on the premise that reenlistment is a privilege for those whose performance, conduct, attitude, and potential for advancement meet Army standards. It is designed to (1) enhance the quality of the career enlisted force, (2) selectively retain the best qualified soldiers to 30 years of active duty, (3) deny reenlistment to non-progressive and nonproductive soldiers, and (4) encourage soldiers to maintain their eligibility for further service.  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.

Army Regulation 601-280 prescribes the eligibility criteria and options available in the Army Reenlistment Program. Chapter 6 of that regulation provides for barring from reenlistment individuals whose continued active duty is not in the best interest of the military service. This chapter specifies that unit imposed bars to reenlistment will be used by commanders when immediate administrative discharge from active service is not warranted.  Examples of rationale for reenlistment disqualification include, but are not limited to, AWOL, indebtedness, recurrent nonjudicial punishment, slow promotion progression, no demonstrated potential for future service, and substandard performance of duties.

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.

Code RE-4 applies to persons separated from their last period of service with a non-waivable disqualification, including those separated with a DA bar to reenlistment in effect, and who are ineligible for enlistment.

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.  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.

2.  The applicant is not entitled to removal of code RE-4.  It was properly assigned based on the DA Bar he received for his failure to demonstrate professional ability by performance of duty and to maintain standards of conduct which set an example for younger soldiers, demonstrated by his misconduct and performance.  It was determined that his further service was not warranted.

3.  His contentions have been noted; however, it was the unit imposed bar on 
15 December 1993 that was lifted by his commanders, not the DA Bar issued on 8 September 1995.  It was the DA Bar that caused his discharge and assignment of the RE-4 code.  His records were reviewed by a Departmental selection board and his performance and leadership was determined to be substandard for a Noncommissioned Officer, and that his further service was not warranted.  He acknowledged the DA Bar and received due process.  He was given the opportunity to appeal at the time and he did.  It was not approved.

4.  The Board concludes he was properly barred from reenlistment, and that based on the bar, he was properly assigned code RE-4.

5.  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

cmf_____  cla _____  mhm____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021702	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 August 19	
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.	100.06	
2.	100.03	
3.		
4.		
5.		
6.