MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  6 February 2001
	DOCKET NUMBER:  AR2000045336

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Walter T. Morrison		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 (RE) Code of 4 be changed to RE 3.

APPLICANT STATES:  In effect, that he was discharged under the Qualitative Management Program (QMP) for being overweight and that his QMP was unjustified resulting in an RE Code of “4”.  He also states that he was never medically screened and that he was a victim of the drawdown.  He further states that he had completed over 14 years of service, and was selected, attended, and graduated from the Advanced Noncommissioned Officers Course (ANCOC).  He goes on to state that 2 years later, he was QMP and coded undesirable for military service.  He goes on to state that his record speaks for itself.  In support of his application he submits selected documents from his Official Military Personnel File (OMPF).

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 9 October 1984 as a practical nurse and continued to serve through a series of continuous reenlistments.

On 10 August 1998, the Calendar Year 1998 Sergeant First Class Selection Board determined that the applicant should be barred from reenlistment under the QMP.  The basis for the determination was a Noncommissioned Officer Evaluation Report (NCOER) which indicated that he displayed deficiency and/or weakness in physical fitness and a USAEREC Form 211, dated 10 June 1998, which verified that he exceeded the body fat standards.

The applicant’s NCOER for the period July 1996 through June 1997 states that 
he exceeded the body fat standards but was showing progress on the weight control program.  There are no other available records showing the applicant’s enrollment, screening, or participation in the Army Weight Control Program.

The applicant appealed the bar through his chain of command to the DA Standby Advisory Board (STAB) on 7 October 1998.  On 31 March 1999, the STAB disapproved the applicant’s appeal.  The STAB stated that the past performance and estimated potential of the applicant were not in keeping with the standards expected of the NCO Corps and that the bar would remain in effect.

The applicant was honorably discharged on 31 July 1999 under the provisions of Army Regulation 635-200, chapter 16-8, due to reduction in force.  He had completed 14 years, 9 months, and 22 days of creditable service.  He was issued an RE code of RE “4”.

Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 16-8 of this regulation sets forth the requirements for early separation of enlisted personnel due to reduction in force, strength limitations, or budgetary constraints.  The service of personnel separated under this paragraph will be characterized as honorable.

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.

RE–4 applies to persons not qualified for continued service by virtue of being separated from the service with non-waivable disqualifications such as persons with a HQDA bar to 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.  The applicant was properly discharged and was assigned a reentry code in accordance with regulations then in effect.

2.  The type of discharge directed and the reasons for that separation were appropriate considering all of the facts of the case.

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

4.  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.

5.  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

__ro____  ___tl__  ___wm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045336	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010206	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19990731	
DISCHARGE AUTHORITY	AR 635-200  C,16-8	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  4		
2.		
3.		
4.		
5.		
6.