MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  12 April 2001
	DOCKET NUMBER:  AR2001052202

	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. Roger W. Able		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Richard T. Dunbar		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 should be changed to a more favorable code.  

APPLICANT STATES:  In effect, that his RE code of “4” was unjustified and should be changed to a more favorable code in order to enlist in the Army National Guard.  In support of his application he submits a copy of his DD
Form 214 and several awards and citations. 

EVIDENCE OF RECORD:  The applicant's military records show he enlisted
on 29 June 1973 as an interrogator.  He continued to serve until he was 
released from active duty on 28 June 1977 and was transferred to the USAR Control Group (Reinforcement).  He reenlisted on 2 June 1981 as a voice interceptor and continued to serve through a series of continuous 
reenlistments.

On 27 April 1993, the Calendar Year 1993 Sergeant First Class Selection 
Board determined that the applicant should be barred from reenlistment under the Qualitative Management Program (QMP).  The basis for the determination was four Noncommissioned Officer Evaluation Reports (NCOER) which indicated that he displayed weaknesses in performance and efficiency.

The applicant appealed the bar through his chain of command to the DA 
Standby Advisory Board (STAB) on 17 June 1993, which was denied.  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 30 April 1994 under the provisions
of Army Regulation 635-200, chapter 16-8, due to reduction in force.  He had completed 16 years, 10 months, and 29 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 four NCOERs 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

__ra___  __dh___  __rd___  DENY APPLICATION

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

INDEX

CASE ID	AR2001052202	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010412	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19940430	
DISCHARGE AUTHORITY	AR .635-200 C, 16-8	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  4		
2.		
3.		
4.		
5.		
6.