MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 February 2001                   
	DOCKET NUMBER:   AR2000044786

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas Lanyi		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 appropriate military records to show a reentry eligibility (RE) code which would allow enlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude enlistment.

APPLICANT STATES:  In effect, that his reentry code be changed from RE-4 to RE-1 or RE 2, he wants to join the Massachusetts Army Reserve National Guard. He was barred from reenlistment and was discharged from the Army.  The applicant submits his separation appeal packet in support of his application.

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

He was born on 11 May 1955.  He completed 12 years of formal education.
He enlisted in the Army on 6 October 1976, for a period of 3 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 64C10 (Motor Transport Operator).  His services were continuous through extensions and reenlistments.  The highest pay grade he achieved was pay grade E-5.

On 14 October 1988, the Master Sergeant/Sergeant Qualitative Management Program (QMP) Selection Board reviewed the applicant’s Official Military Personnel File.  After a comprehensive review of his file, the QMP board barred the applicant from reenlistment.  The bar to reenlistment was based on the applicant’s record of service, his duty performance and future potential for retention in the Army.  

On 4 January 1989, the applicant was counseled and advised of the effects of the bar to reenlistment and his rights to an appeal.  On 25 September 1989, the applicant’s appeal to the departmental bar was denied by the DA Standby 
Advisory Board.

On 14 November 1989, the applicant signed a DA Form 4187, requesting that he be discharged from the service in accordance with Army Regulation 635-200, paragraph 16-5a, due to a locally imposed bar to reenlistment of which he felt he was unable to overcome; that he understood that if he is separated before his normal expiration term of service is approved, it will be for his own convenience;
that he understood that recoupment of unearned portions of Enlistment Bonus (EB)/Selective Bonus (SRB) is required; and that once separated he will not be permitted to reenlist at a later date.  He declined to submit a statement in his own behalf and he also waived his separation physical.

On 6 December 1989, the appropriate authority approved the applicant’s request for discharge.  On 1 March 1990, the applicant was honorably discharged, in pay grade E-5, under the provision of Army Regulation 635-200, paragraph 
16-5a.  He had completed 10 years 10 months and 07 days of active military service during this enlistment.  He was assigned an reentry 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 the regulations prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.

RE-4 applies to individuals separated from the last period of service with a nonwaivable disqualification.

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 QMP is an administrative measure by which the DA is able to maintain the quality of its career enlisted force and is based on the premise that reenlistment is a privilege for those soldiers whose overall performance and potential for advancement meet Army standards.  The applicant’s military records were screened by the 1988 Master Sergeant Selection/Sergeant QMP Board and he was properly identified for a DA bar to reenlistment under the QMP in accordance with AR 601-280.

3.  When the applicant felt that he could not overcome the effects of the bar to reenlistment, he voluntarily requested to be discharged before the expiration of his term of service.  He acknowledged in writing that recoupment of unearned portions of Enlistment Bonus (EB)/Selective Bonus (SRB) is required, and that once separated he would not be able to reenlist at a later date.

4.  The applicant’s imposed bar to reenlistment was accomplished in compliance with applicable regulations, with no indication or procedural errors which would tend to significantly jeopardize the applicant’s rights.

5.  The applicant was discharged and assigned a reentry code in accordance
with regulations then in effect.  There appears to be no basis for removal or waiver of that disqualification which established the basis for the reentry code.

6.  In view of the circumstances in this case, the assigned reentry code was and still is appropriate.

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

__rvo___  __wtm___  __tl____  DENY APPLICATION

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

INDEX

CASE ID	AR2000044786	
SUFFIX		
RECON		
DATE BOARDED	20010206	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.