MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  28 November 2000
	DOCKET NUMBER:  AR2000043387

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Wilford A. Hale		Member	
	Mr. John H. Kern		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 from his Military Personnel Records Jacket (MPRJ).

APPLICANT STATES:  In effect, that he never had an “article 15” or any derogatory information in his records.  He also states that he has two honorable discharges, several awards and decorations.  He further states that he and his former commander had a disagreement about his retention in the service while on active duty.  He goes on to state that his former commander stated that he was going to damage his career and placed the bar to reenlistment in his MPRJ. In support of his application he submits a copy of his DD Form 214, 
several letters from Members of Congress to him and a copy of his VA Claim.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 8 August 1979 as a light weapons infantryman.  He continued to serve until he was honorably discharged on 14 August 1983 in order to reenlist.  He reenlisted on 15 August 1983.

On 21 August 1984, a letter was prepared by the Commandant of the US Army 5th Infantry Division Noncommissioned Officer Academy.  The letter indicated that the applicant was released from Primary Leadership Development Course (PLDC), class 84-7 for academic reasons, as of 15 August 1984. 

On 18 October 1984, the unit commander recommended that a bar to reenlistment be imposed against the applicant based on academic failure from PLDC.  On that same day, the applicant reviewed and acknowledged that he received a copy of the commander’s recommendation and declined to submit a statement in his behalf.  The bar to reenlistment was approved on 22 October 1984.  

The applicant was honorably discharged on 3 July 1985 under the provisions of Army Regulation 635-40, paragraph 4-24e (3), for physical disability with severance pay.  He was issued an Honorable Discharge Certificate.  He had a total of 5 years, 10 months and 26 days of total active 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.

Army Regulation 351-1 set forth policy and prescribes procedures for individual military education and training.  Chapter 6 covers Noncommissioned Officer Education System (NCOES).  Paragraph 6-47 applies to students eliminated from NCOES courses.  It states, in pertinent part, that a student may be disenrolled by the Commandant:  (1) for disciplinary reasons, (2) lack of motivation, (3) other reasons, such as illness or injury and (4) academic deficiencies.  In addition it states that soldiers eliminated for cause from NCOES courses may, by appropriate authority, be removed from the Army standing promotion list, barred from reenlistment, or reclassified.

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 applicant was properly barred from reenlistment based on his academic failure from PLDC.

2.  The locally imposed bar to reenlistment was imposed in compliance with applicable regulation with no indication of procedural errors which would tend to jeopardize his rights.

3.  The Board noted the applicant’s contentions; however, the applicant has failed to show through the evidence submitted with his application or the evidence of record that the bar to reenlistment should be removed from his MPRJ.

4.  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.

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:

MKP____  WAH____  JHK_____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000043387	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001128	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19850703	
DISCHARGE AUTHORITY	AR .635-40  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  4		
2.		
3.		
4.		
5.		
6.