MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           28 August 2001
	DOCKET NUMBER:   AR2001052238

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone 		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman, 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:  In effect, that his reentry eligibility (RE) code be changed from RE-4 to one that will allow him to enter the Army Reserve or any State Guard unit. 

APPLICANT STATES:  In effect, that he served in the Army over 16 years; that he served honorably in Vietnam; that he received many awards and decorations; and that his service to his country warrants an RE code that would allow him to enlist in either the Army Reserve or the Army Guard.  The applicant stated that he believes a review of his record will provide sufficient support to justify a change in his RE code.

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

He had 12 years, 7 months, and 27 days of prior honorable service and was serving in military occupational specialty (MOS) 72C, Telephone Switchboard Operator at the time of reenlistment in the Army.

As a staff sergeant/E-6, the applicant reenlisted in the Regular Army for a period of 6 years on 17 October 1980 for the Overseas Area Reenlistment Option. 

On 3 April 1984, the Enlisted Records and Evaluation Center, Fort Benjamin Harrison, Indiana, informed the applicant that a Department of the Army (DA) Promotion Selection Board had reviewed his file, failed to select him for promotion, and further determined that he was barred from reenlistment under the DA Qualitative Management Program (QMP). 

On 23 April 1984, the applicant indicated he had been counseled and understood the options available to him as a result of the DA bar to reenlistment, that he would sign a statement that he would not submit an appeal, and that he intended to request immediate discharge.

On 29 May 1984, the applicant requested immediate discharge from the Army under the provisions of Army Regulation 635-200, paragraph 16-5, because he believed that he could not overcome the DA-imposed bar to reenlistment.  He indicated he understood that he was being separated prior to his normal ETS (expiration term of service) for his own convenience.  He also indicated that he understood that once separated he would not be allowed to reenlist at a later date.  

On 15 June 1984, the appropriate authority approved the applicant’s request.  He was discharged at Fort Riley, Kansas on 9 July 1984 under the provisions of Army Regulation 635-200, paragraph 16-5a, because of a DA-imposed bar to reenlistment.  His RE code was RE-4.

Army Regulation 635-200, then in effect, provides for the administrative separation of enlisted soldiers.  Paragraph 16-5 provides for early separation of personnel denied reenlistment, and paragraph 16-5a states that soldiers who perceive that they will be unable to overcome a DA bar to reenlistment will be allowed to be discharged.  Soldiers may request discharge anytime after receipt of the DA bar to reenlistment.  Discharge must be accomplished no later than 6 months from the date of request in spite of any existing service obligation that will not be fulfilled by such early release date.  Approved requests for discharge will be irrevocable. 

Army Regulation 600-200, chapter 4, 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, DA promotion selection boards regularly screen records for grades E-5 through E-9.  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.

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 United States 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.  RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.  This includes anyone with a DA-imposed bar to reenlistment in effect at the time of separation.

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.  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.

2.  RE-4 is and has been the proper RE code for a soldier discharged, either voluntarily or involuntarily, with a DA QMP bar to reenlistment in place. Therefore, the applicant was properly assigned an RE code of RE-4.

3.  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

__jns  ___  __rtd ___  ___dph __  DENY APPLICATION

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

INDEX

CASE ID	AR2001052238	
SUFFIX		
RECON		
DATE BOARDED	20010828	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	19840709	
DISCHARGE AUTHORITY	AR 635-200, c16-5a	
DISCHARGE REASON	DA QMP BAR to reenlistment	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.