MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 September 2000                   
	DOCKET NUMBER:   AR2000044542

	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	
	Mrs. Nancy Amos		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 narrative reason for separation, locally imposed bar to reenlistment, be changed.

APPLICANT STATES:  That he apologizes for the situation that resulted in his bar to reenlistment.  He is now doing positive things with his life.  

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

He enlisted in the Regular Army on 29 March 1989 for 4 years.  He completed basic training and advanced individual training and was awarded military occupational specialty 71M (Chaplain Assistant.)

On 15 January 1992, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice, for being absent without leave (AWOL) from 1 to on or about 6 January 1992.  His punishment was to be reduced to pay grade E-3, suspended, to forfeit $222.00 pay for one month and to perform 14 days of extra duty. The suspended reduction was vacated on       25 February 1992.

On 27 February 1992, the applicant received a locally imposed bar to reenlistment.  The bar to reenlistment cited his Article 15, the vacation of the suspended reduction, and three municipal court summonses (driving under the influence, transporting an open container, and reckless driving).

On 2 March 1992, the applicant requested early discharge under the provisions of Army Regulation 635-200, paragraph 16-5.  The appropriate authority approved the applicant’s request and directed the applicant be issued an Honorable Discharge Certificate.  

On 29 March 1992, the applicant was honorably discharged, in pay grade E-3, under the provisions of Army Regulation 635-200, paragraph 16-5.  His reentry code was “3,” disqualified for reenlistment but the disqualification could be waived.  He had completed 3 years and 1 day of creditable active service.  His Certificate of Release or Discharge from Active Duty, DD Form 214, does not list his lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 16-5(b) provides for the voluntary separation of soldiers who have had a local bar to reenlistment imposed and who perceive that they will be unable to overcome the bar.  

Army Regulation 601-280 prescribes criteria for the Total Army Retention Program.  Chapter 6 prescribes procedures to deny reenlistment to soldiers whose immediate separation under administrative procedures is not warranted but whose reentry into or service beyond their expiration term of service with the Active Army is not in the best interest of the military service.  Soldiers may be barred from reenlistment for one or a combination of a number of infractions or reasons including AWOL, causing trouble in the civilian community, or personal behavior that brings discredit upon his unit or the Army.

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 bar to reenlistment was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  He voluntarily requested separation because he perceived he could not overcome the bar to reenlistment.  The narrative reason for his separation was and still is appropriate.  The Board commends the applicant’s current account of doing positive things with his life but this factor does not warrant the relief requested.

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

__rvo___  __mkp___  __eja___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044542	
SUFFIX		
RECON		
DATE BOARDED	20000914	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.