MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           9 May 2002
	DOCKET NUMBER:   AR2002067352

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Terry L. Placek		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 records be corrected by changing his reentry eligibility (RE) code from RE-4 to RE-1.  In effect, he is requesting that the reason for his separation be changed.

APPLICANT STATES:  In effect, that the Army used incidents that occurred prior to his enlistment, and that were properly disclosed by him during the enlistment process, to separate him.  He believes that this was unfair.

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

He enlisted in the Regular Army on 27 November 1979.  At the time of his enlistment, he indicated that he had been arrested:  on 11 November 1976 for being drunk; on 15 February 1978 for driving on an expired license; in June 1978 for simple assault; in October 1978 for being drunk; and on 3 November 1978 for being drunk.  He was granted a moral waiver in order to enlist.  He entered active service and rose to the rank of staff sergeant on 5 December 1986.

After entering on active duty, the applicant was arrested and fined for driving under the influence (DUI) and speeding on 27 February 1981.  In April 1981, he was arrested and fined for driving while intoxicated (DWI).  On 31 May 1981, he was arrested, fined, and given 12 months' probation for DWI.  The applicant never listed these offenses on his Personnel Security Questionnaire.

In 1983, the applicant voluntarily referred himself to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP).  He successfully completed the program.

In February 1988, the applicant was arrested for public intoxication.  On 4 August 1989, the US Army Central Personnel Security Clearance Facility revoked the applicant's security clearance based on his history of alcohol-related incidents.

In 1991, the applicant was considered for promotion to the rank of sergeant first class.  After a comprehensive review of his records, he was not selected for promotion and he was identified for a Department of the Army (DA) bar to reenlistment under the qualitative management program.  He was notified of his DA bar on 15 January 1992.

The applicant was honorably discharged on 12 March 1992.  He had 12 years, 3 months, and 16 days of creditable Federal service.  His RE code was established as RE-4, not eligible to reenlist.

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.  In 1992, paragraph 16-8 pertained to soldiers who receive DA-imposed bars to reenlistment under the QMP.  Pursuant to a special Secretarial program, such soldiers were involuntarily separated prior to the expiration of their enlistment contracts and assigned RE codes of RE-4.

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.  During his active duty service, the applicant had several alcohol-related incidents that came to the attention of military authorities.  It was the active duty incidents, not the incidents that occurred prior to his initial enlistment, which caused the applicant to lose his security clearance and ultimately resulted in the imposition of a DA bar to reenlistment against him.

3.  The applicant’s discharge proceedings were conducted in accordance with law and regulations.  The proper RE code for soldiers with a DA bar to reenlistment is RE-4.  There is no error or injustice in the applicant's reason for separation or his assigned RE code.

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

__jhl____  ___tlp___  ___jns___  DENY APPLICATION

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

INDEX

CASE ID	AR2002067352	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020509	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.