MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 January 2001
	DOCKET NUMBER:   AR2000045579

	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	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Brenda F. Hirschi		Member	
	Mr. Thomas E. O’Shaughnessy, 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:  That his reentry code 4 (RE-4) be changed to permit him to enlist in the Army Reserve.

APPLICANT STATES:  That his RE-4 prevents him from becoming a member of the Army Reserve and continuing his professional development as a member of today’s Army.

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

He enlisted in the Army on 25 July 1978 for 4 years.  He completed his initial training and served in a series of assignments both in the United States and overseas.  He attained the rank of staff sergeant on 23 April 1987.

The Calendar Year 1993 Sergeant First Class Promotion/Advanced Noncommissioned Officer Course Selection Board determined that the applicant was to be barred from reenlistment under the provisions of the Qualitative Management Program (QMP).  On 5 April 1993 the United States Army Enlisted Records and Evaluation Center (USAEREC) notified the applicant of this decision and his right to submit an appeal.

On 16 April 1993 the applicant declined his option to submit an appeal to the QMP.  He acknowledged his understanding that he would be separated within   90 days.

On 26 October 1993 USAEREC notified the applicant, who was then on terminal leave, that he had been permitted, as an exception policy, to submit an appeal to the Department of the Army imposed bar to reenlistment.

On 27 December 1993 the Department of the Army Standby Advisory Board denied the applicant’s appeal.  It determined that the past performances and estimated potential of the applicant were not in keeping with the standards expected of the noncommissioned officer corps.  It directed discharge of the applicant no later than 30 April 1994.

Accordingly, on 30 April 1994, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-8.  He had served           15 years, 9 months and 6 days of total active service.

Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  Paragraph 3-22c provides that RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.  This includes anyone with a Department of the Army imposed bar to reenlistment in effect at the time of separation.

Army Regulation 601-280, chapter 10, sets forth policy and prescribes procedures for denying reenlistment under the QMP.  This program is based on the premise that reenlistment is a privilege for those whose performance, conduct, attitude, and potential for advancement meet Army standards. It is designed to (1) enhance the quality of the career enlisted force, (2) selectively retain the best qualified soldiers to 30 years of active duty, (3) deny reenlistment to nonprogressive and nonproductive soldiers, and (4) encourage soldiers to maintain their eligibility for further service. The QMP consists of two major subprograms, the qualitative retention subprogram and the qualitative screening subprogram. Under the qualitative screening subprogram, records for grades E-5 through E-9 are regularly screened by the DA promotion selection boards. The appropriate selection boards evaluate past performances and estimate the potential of each soldier to determine if continued service is warranted. Soldiers whose continued service is not warranted receive a QMP bar to reenlistment.

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 16-8 applies to personnel denied reenlistment and provides that soldiers may be separated prior to expiration of term of service when authorization limitations, strength restrictions, or budgetary constraints require the size of the enlisted force to be reduced.  The Secretary of the Army, or his designee, will authorize voluntary or involuntary early separation under the authority of Title 10, U.S. Code, sections 1169 or 1171.  Early separation under this paragraph is for the convenience of the government and will be characterized as honorable.

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’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.

2.  The reentry code (RE-4), establishing his ineligibility for enlistment/reenlistment, was correctly entered on his separation document in accordance with governing regulations.

3.  There is no apparent basis for removal or waiver of the applicant’s disqualification that established the basis for the RE-4.  While the applicant’s desire to continue in the service to his country is very commendable, there are no provisions authorizing the change of an RE code for this purpose

4.  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

__AAO__  ___BFH_  __TEO___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045579	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010130	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.