MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            6 March 2001                  
	DOCKET NUMBER:   AR2000043789

	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. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley 		Chairperson	
	Mr. Ernest W. Lutz 		Member	
	Mr. Harry B. Oberg 		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:  That his reentry eligibility (RE) code be changed from RE-4 to RE-3.

APPLICANT STATES:  That when he separated, he was given a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, and that block 27 of that form (Reentry code) was blank.

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

He enlisted in the Regular Army on 28 January 1986 for 3 years and 14 weeks.  Following all required military training, the applicant was awarded military occupational specialty (MOS) 11B, Infantryman and was assigned to Fort Drum, New York.  He was promoted to the rank of sergeant (SGT/E-5) on 1 January 1993.

On 2 May 1995, the applicant was barred from reenlistment under the Department of Army Qualitative Management Program (DA QMP).  The applicant requested through his chain of command that the imposed bar to reenlistment be removed.  After careful review of the appeal, a DA Standby Advisory Board disapproved removal of the bar to reenlistment.  The board determined that the applicant’s past performance and estimated future potential were not in keeping with the standards expected of the noncommissioned officer corps.  The applicant was to be discharged under the provisions of paragraph 16-8, Army Regulation 635-200 by reason of reduction in force with an honorable discharge. The separation program designator (SPD) code was JCC and the reentry eligibility (RE) code was RE-4.

On 31 July 1996, the applicant was separated from military service with an honorable discharge.  He was credited with 10 years, 6 months, and 3 days of creditable military 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 a DA-imposed or locally-imposed bar 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 Regular Army (RA) and the United States 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.  Re-4 applies to persons separated from their last period of service with a non-waivable disqualification.  This includes anyone with a DA imposed bar to reenlistment in effect at the time of separation.

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 this requirement.

2.  RE-4 is and has been the proper RE code for a soldier discharged, either voluntarily or involuntarily, with a DA QMP bar to reenlistment in place.  It is an exception to RE-3 for SPD code JCC.  Therefore, the applicant was properly assigned an RE code of RE-4.

3.  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

__sk____  __ewl____  __hbo___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043789	
SUFFIX		
RECON		
DATE BOARDED	20010306	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19960731	
DISCHARGE AUTHORITY	AR 635-200, c16-8 	
DISCHARGE REASON	Reduction in Force (QMP)	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DASA	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.