MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 March 2000                   
	DOCKET NUMBER:   AR1999028412

	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.

	Mrs. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. John Saputo		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, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications, which preclude reenlistment.

APPLICANT STATES:  In effect, that he was reduced in rank after discrepancies were found in several DA Form 31’s, but the discrepancies were unfounded, and he believes that he was unjustly reduced in rank, therefore causing him to take a discharge that would keep him from being able to serve his country in the future.

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

He enlisted in the Regular Army on 9 June 1982, for 3 years.  On 8 June 1985,
he was honorably discharged.  On 21 March 1986, the applicant reenlisted in the 
Regular Army for 3 years, his service thereafter was continuous through reenlistment and extension.  The highest grade he achieved was pay grade E-4.

Between January 1987 and April 1990, the applicant was formally counseled on various occasions for being out of uniform, for two occasions of failure to repair, for two occasions of failure to follow instructions and for failure to secure the mailroom.

On 10 April 1990, the applicant received from his commander an administrative reduction to pay grade E-3, due to inefficiency.  Army Regulation 600-200, chapter 6 in effect at that time, set forth the basic reduction authority.

On 27 April 1990, a bar to reenlistment was initiated against the applicant.  The bar recommendation was based on the applicant’s numerous counseling sessions and his inefficient performance of duty.

On 15 May 1990, the applicant signed a DD Form 4187, (Personnel Action) requesting that he be discharged from the service in accordance with Army Regulation 635-200, paragraph 16-5b, due to a locally imposed bar to reenlistment of which he was unable to overcome; that he understood that if he was separated before his normal expiration term of service was approved, it would be for his own convenience; that he understood that recoupment of unearned portions of Enlistment Bonus (EB)/Selective Bonus (SRB) was required, and that once separated he would not be permitted to reenlist at a later date.

The appropriate authority approved his request to be discharged.  On 25 May 1990, he was honorably discharged, in pay grade E-3, under the provisions of paragraph 16-5b, Army Regulation 635-200 by reason of a locally imposed bar to reenlistment.  He completed 4 years, 2 months and 5 days of creditable active service this enlistment period.   He was given a reentry code of RE-4.

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 understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and 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 and processing into the 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 individuals separated from the last period of service with a nonwaivable disqualification.

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 Board concludes that the applicant was properly reduced in accordance with Army Regulations then in effect at the time.

3.  When the applicant felt that he could not overcome the effects of the bar to reenlistment, he voluntarily requested discharge before the expiration of his term of service.  He acknowledged in writing that once separated he would not be able to reenlist at a later date.

4.  The regulation requires that at the time of discharge RE codes will be assigned based on the service records and the reason for the discharge.  The applicant was separated and assigned reenlistment code of RE-4 in accordance with regulations then in effect.

5.  There appears to be no basis for removal or waiver of that disqualification which established the basis for the reentry eligibility code.
 
6.  In view of the circumstances in this case, the assigned reentry eligibility code was and still appropriate.

7.  Therefore, 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

__gdp___  __mmd___  __js____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028412	
SUFFIX		
RECON		
DATE BOARDED	20000301	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19900525	
DISCHARGE AUTHORITY	AR635-200, Paragraph 16	
DISCHARGE REASON	A07.20	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.0720	
2.		
3.		
4.		
5.		
6.