MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                            14 September 2000
	DOCKET NUMBER:                    AR2000040785

	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. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr.  Elzey J. Arledge, Jr.		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 locally imposed bar to reenlistment be removed.

APPLICANT STATES:  In effect, that he is currently assigned to a Troop Program Unit (TPU), drilling in good standing and that he has been selected by his command for a direct commission to the rank of second lieutenant.  He also states that his bar to reenlistment must be removed in order to further his career.
In support of his application he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of his DA Form 2166-7 (NCO Evaluation Report) and a copy of a Letter of Recommendation for Direct Officer Appointment.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 18 August 1988 as a medium helicopter repairer.

The applicant’s military personnel records for the period 18 August 1988 to 31 July 1991 are unavailable for review by this Board.

The applicant enlisted in the USAR on 26 August 1996 and is currently assigned to a TPU.

The facts and circumstances pertaining to the applicant’s discharge are not present in the available records.  However, his DD Form 214 shows that on 31 July 1991, he was discharged under the provisions of Army Regulation 
635-200, chapter 16, due to a locally imposed bar to reenlistment.  He was furnished an Honorable Certificate.  He had a total of 2 years, 11 months and 
14 days of creditable service.

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

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 bars will be used when immediate administrative discharge from active service is not warranted.  Examples of rationale for reenlistment disqualification are, but are not limited to, 
AWOL, indebtedness, recurrent nonjudicial punishment, slow promotion

progression, no demonstrated potential for future service, and substandard performance of duties.

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 Board noted the applicant’s contentions that he has been selected for a direct commission to the rank of second lieutenant and that the bar to reenlistment must be removed in order to further his career; however, there 
were no provisions in effect at that time, nor are there now, to automatically revoke a bar to reenlistment.  

2.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation and bar to reenlistment were accomplished in compliance with applicable regulations with no procedural errors, which would tend to jeopardize his rights.  The type of separation directed and the reasons therefor were appropriate considering all of the available facts of the case.

3.  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 this requirement.

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:

RVO____  MKP____  EJA_____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000040785	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000914	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19910731	
DISCHARGE AUTHORITY	AR .635-200, C 16	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  7		
2.		
3.		
4.		
5.		
6.