MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            7 November 2000                  
	DOCKET NUMBER:   AR2000044815

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Paula Mokulis		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 locally imposed bar to reenlistment be removed and that his Reentry Eligibility (RE) Code be changed.

APPLICANT STATES:  That he was informed of an honorable discharge, but he was never informed that he would receive a bar to reenlistment.  He requests that the bar and reentry code be upgraded so that he can join the ROTC and serve in the Army upon graduation from college.  In support of his application, he submits a personal letter, dated 20 May 2000, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a copy of his Associate in Arts degree.

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

The applicant enlisted in the Regular Army on 1 November 1990 for a period of 4 years.  He successfully completed basic and advanced individual training and served as a unit level communications operator at Fort Campbell, Kentucky.  He was promoted to specialist on 1 January 1992.

On 30 June 1992, the applicant was counseled for being under the influence of alcohol while on duty and received non-judicial punishment as a result of this offense.

On 16 July 1992, the commander recommended that a bar to reenlistment be imposed against the applicant.  On 17 July 1992, 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 21 July 1992.  

On 4 January 1993, the applicant requested discharge from the service under the provisions of Army Regulation 635-200, chapter 16-5 due to his inability to overcome his bar to reenlistment.  The request was approved by the appropriate authority on 4 January 1993.

The applicant was honorably discharged on 22 January 1993 under the provisions of Army Regulation 635-200, chapter 16-5(b), due to a locally imposed bar to reenlistment.  He had 2 years, 2 months and 22 days of total active service and was issued a RE Code of RE-3.

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.

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 discharged based on his request and was assigned a reentry code of RE-3 in accordance with regulations then in effect.

2.  Contrary to the applicant’s contention that he was never informed that he would receive a bar to reenlistment, evidence of record shows that he voluntarily requested discharge from the service under the provisions of Army Regulation 635-200, chapter 16-5(b) based on his inability to overcome the bar to reenlistment imposed upon him. 

3.  There is no basis for removal of the RE Code from the applicant’s record.  However, the disqualification upon which the code was based can be waived for reenlistment purposes.

4.  The applicant has failed to show, through the evidence submitted with his application or the evidence or record that the bar to reenlistment which resulted in his receiving RE code of RE-3 was in error or unjust.  

5.  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.

6.  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

GDP____  MHM____  PM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000044815	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001107	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19930122	
DISCHARGE AUTHORITY	AR635-200, Chapter 16	
DISCHARGE REASON	Locally Imposed Bar to Reenlistment	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.	100.0600	
3.		
4.		
5.		
6.