MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 January 2001
	DOCKET NUMBER:   AR2000046733

	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 (RE) be changed to permit him to enlist in the Army Reserve.

APPLICANT STATES:  That the RE code on his separation document (DD Form 214) is in error because he signed a statement at the time of his release from active duty indicating that he would be eligible to join the Army Reserve at a later time.  However, he cannot find the form that he signed.

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

He enlisted in the Army on 2 October 1979 for 3 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 sergeant first class on 16 November 1992.

The Calendar Year 1995 Master Sergeant Selection/Sergeant Qualitative Management Program (QMP) Board determined that the applicant was to be barred from reenlistment.  On 2 May 1995 the United States Army Enlisted Records and Evaluation Center notified the applicant of this decision and his right to submit an appeal.

On 23 May 1995 the applicant opted not to appeal the QMP and indicated that he understood he would be separated within 90 days.

On 21 August 1995 the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-8.  He had served 15 years,            10 months and 20 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.  Further, the applicant’s contention that he signed an agreement at the time of his separation with the understanding that he would be permitted to join the Army Reserve is unsubstantiated and would have been in violation of existing policies and procedures.

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	AR2000046733	
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.