MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  31 July 2001
	DOCKET NUMBER:  AR2001056303

	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. Walter T. Morrison		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Arthur A. O’Maritian		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, correction of his records to show that 
he was awarded the Army Achievement Medal, the Pathfinder Badge, 
several certificates, and that his locally imposed bar to reenlistment be removed.

APPLICANT STATES:  In effect, that his Army Achievement Medal, Pathfinder Badge, and several certificates are not shown on his DD Forms 214 (Certificate of Release or Discharge from Active Duty) and that his locally imposed bar to reenlistment prevents him from enlisting in the Army Reserve (USAR) and Army National Guard (ARNG).  He also states that he was barred twice and that he did not understand why he was separated in September 1979.  In support of his application he submits a copy of his DD Form 214 and no documents which shows that he received any badges or certificates.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 21 June 1976 as a track vehicle mechanic.  He served in Germany from 13 November 1976 to 10 June 1979 and was honorably released from active duty on 12 June 1979 under the provision of Army Regulation 635-200, chapter 5-12, due to early release of overseas returnees.  He was given a reenlistment (RE) Code of RE-3 and was transferred to the Army Reserve.

The applicant’s personnel records for the period 21 June 1976 to 12 June 1979 are unavailable for review by this Board. 

After a break in service, he enlisted on 25 February 1987.

On 19 April 1990, he was punished under Article 15, UCMJ, for operating a vehicle while intoxicated.  His punishment consisted of a reduction to the pay grade of E-3, a forfeiture of pay, and 45 days extra duty.

The applicant was barred from reenlistment on 3 May 1990.

On 9 May 1990, the applicant submitted a request to be discharged prior to his expiration of term of service (ETS) under the provisions of Army Regulation 
635-200, paragraph 16-5, due to his inability to overcome a locally imposed bar to reenlistment.  The appropriate authority approved the applicant’s request on 11 May 1990.

The applicant was discharged on 30 May 1990 under the provisions of Army Regulation 635-200, paragraph 16-5(b) due to a locally imposed bar to reenlistment.  He was furnished an Honorable Discharge Certificate and a RE Code of RE-3.  He had completed 6 years, 27 months, and 28 days of creditable service.

There is no evidence in the applicant’s records which shows that he was recommend for or awarded the Army Achievement Medal, or to show that he received any badges or certificates during either period of his active duty.

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 16-5 applies to personnel denied reenlistment and provides that soldiers who receive DA imposed or locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar, may apply for immediate discharge. Incident to the request the member must state that he understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and that later reenlistment is not permitted.

Army Regulation 601-280 prescribes the eligibility criteria and options available in the Army Reenlistment Program.  Chapter 6 of that regulation provides for barring from reenlistment individuals whose continued active duty is not in the best interest of the military service. This chapter specifies that bars will be used when immediate administrative discharge from active service is not warranted.  Examples of rationale for reenlistment disqualification are, but are not limited to, 
AWOL, indebtedness, recurrent nonjudicial punishment, slow promotion progression, no demonstrated potential for future service, and substandard performance of duties.

Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

Army Regulation 635-5 provides that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

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.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended or awarded the Army Achievement Medal or received any badges or certificates.  Therefore, he is not entitled to correction of his records to show the Army Achievement Medal or to show that he received any badges or certificates.

2.  The Board notes the applicant’s contention that he has been barred twice; 
however, his records from his first enlistment were unavailable for review by this Board.  The Board also notes that the applicant’s DD Form 214 shows that he was discharged under the provisions of Army Regulation 635-200, chapter 5, due to early release of overseas returnees.

3.  The Board notes the applicant’s contentions that his bar to reenlistment prevents him from enlisting in the USAR and ARNG; however, the applicant 
has failed to provide evidence to show that his bar to reenlistment was not
proper and should be removed.

4.  The applicant was properly barred from reenlistment for operating a vehicle while intoxicated.  The locally imposed bar to reenlist was imposed in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

5.  The applicant’s administrative separation was accomplished in compliance with applicable regulations, with no indication of procedural errors, which would tend to jeopardize his rights.  

6.  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.

7.  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

__wm___  ___jm___  ___ao___  DENY APPLICATION

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

INDEX

CASE ID	AR2001056303	
SUFFIX		
RECON		
DATE BOARDED	20010731	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19900530	
DISCHARGE AUTHORITY	AR 635-200, C16	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  7		
2.  46		
3.  1021		
4.		
5.		
6.