MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            11 January 20001                
	DOCKET NUMBER:   AR2000044466

	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.

	Ms. Antoinette Farley		Analyst	
	Mr. Carl W. S. Chun		Director	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman		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 his military records to remove a locally imposed bar to reenlistment and his separation code, which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

APPLICANT STATES:  In essence, he feels that he was unable to redeem himself and therefore the punishment was too harsh.  He submits a copy of his DD Form 214 (Certificate of Release or Discharge From Active Duty), copies of several documents received from his command at the time of his separation from active duty and a detailed letter of explaination, with a list of his post service accomplishments

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

On 21 April 1987, he enlisted in the Regular Army for 2 years.  On 3 June 1987, he completed his basic training at Fort Leonard Wood, Missouri.  On 27 June 1987, he was assigned as a trainee to the United States Army Missile Command, Redstone Arsenal, Alabama for advanced training.  On 16 July 1987, he was awarded military occupational specialty (MOS) 55B (Ammunition Specialist).  Upon completion of training, he was reassigned to Fort Polk, Louisiana for duty in his MOS. 

On12 January 1988, he received a summarized nonjudical punishment (NJP), under Article 15, Uniform Code of Military Justice (UCMJ), for the intent to defraud by the procurement of lawful currency wrongfully, and for unlawfully writing a check in the amount of $50.00, without sufficient funds to the Post Exchange on 8 December 1987.  His punishment included 7 days of extra duty and a 2-page essay. 

On 17 March 1988, he received NJP, for disobeying a lawful order from a noncommissioned officer, to not sleep in a military vehicle on 3 March 1988.  His punishment included reduction to pay grade E-2, 14 days of extra duty and to forfeit $150.00 pay, suspended for 90 days. 

On an unknown date, the applicant’s commander initiated a request to bar him from reenlistment.  He cited as the bases for his recommendation, the applicant’s 
two NJPs, two letters of counseling for indebtedness, for failing an Army Physical Fitness Test, for driving with a suspended driver’s license and for being involved in an accident while driving with a suspended license.  

On 23 March 1988, the applicant acknowledged the unit commander’s recommendation and declined to submit a statement in his own behalf.

On 28 March 1988, the bar to reenlistment certificate was approved.

On 5 May 1988, the applicant voluntarily requested discharge under the provisions of chapter 16, Army Regulation AR 635-200.  He stated that he did not believe that he could overcome the locally imposed bar to reenlistment.  He further stated that the separation was for his own convenience, that recoupment of unearned portions of any enlistment bonus/selective reenlistment bonus was required and that he understood that once separated he would not be permitted to reenlist at a later date. On the same day, his unit commander recommended approval of his separation.

On 9 May 1988, the separation authority approved the applicant’s request for discharge with an Honorable Discharge Certificate.  In addition, further counseling and rehabilitative efforts were waived and the applicant would not be transferred to the Individual Ready Reserve (IRR).

On 6 June 1988, the applicant was discharged with an honorable discharge.  He had 1 year, 1 month and 16 days of creditable service and no lost time.  The highest pay grade he attained was E-3.  He was assigned a reentry eligibility (RE) 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 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.

An RE-4 code applies to persons separated from their last period of service with a non-waivable disqualification. This includes anyone with a Department of the Army or locally imposed bar to reenlistment in effect at time of separation. 

On 16 February 1989, the Army Discharge Review Board (ADRB) denied the applicant’s request for removal of a locally imposed bar to reenlistment and his separation code, which would allow reenlistment.

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.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

3.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

4.  There appears to be no basis for removal or waiver of the disqualification, which established the basis for the RE code.

5.  In view of the circumstances in this case, the assigned RE eligibility code was and still is appropriate. 

6.  While the Board has taken cognizance of the applicant's good post-service conduct, these accomplishments do not provided a basis to grant the relief requested.

7.  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

__emw__  __amc___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044466	
SUFFIX		
RECON		
DATE BOARDED	20010111	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19880606	
DISCHARGE AUTHORITY	AR 635-200 CH 16	
DISCHARGE REASON	BAR	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.