MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 May 2002                   
	DOCKET NUMBER:   AR2002068819

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Joann 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:  Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

APPLICANT STATES:  That whatever mistakes he made were insignificant compared to his entire active duty performance.  His Ranger and Special Forces qualifications would be of great service to the country now.  He provides his Certificate of Release or Discharge from Active Duty, DD Form 214, as supporting evidence.

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

He enlisted in the Regular Army on 21 October 1987.  He was promoted to Staff Sergeant, E-6 on 1 October 1993.  He completed the Special Forces Engineer Sergeant course in 1995.  

On 5 June 1996, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for failing to go to his appointed place of duty, to wit: Wing Chun hand-to-hand training, on eleven occasions and for making a false statement with intent to deceive that he only missed two classes of the training.  His punishment was a reduction to Sergeant, E-5, a forfeiture of $616.00, and extra duty for 45 days.  

On 14 January 1997, the applicant reenlisted for 5 years.

On 1 February 1998, the applicant was promoted to Staff Sergeant.

On 5 May 1999, the applicant received a general officer memorandum of reprimand (GOMOR) for driving a motor vehicle while intoxicated.  He read and understood the unfavorable information presented to him on 25 May 1999 and elected not to submit matters in his own behalf.  On 1 November 1999, the GOMOR was directed to be filed in his official military personnel file.

On 31 August 2000, the applicant was notified that he had been selected to be barred from reenlistment under the Headquarters, Department of the Army (HQDA) Qualitative Management Program (QMP).  The Article 15 and the GOMOR were cited as the documents which were the basis for the bar.  Apparently, the applicant did not appeal the bar.  He apparently requested early separation.

On 21 December 2000, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 16-5a, non-retention on active duty, in pay grade E-6, after completing 13 years, 2 months, and 1 day of creditable active service with no lost time.  He was given a separation program designator code (SPD) of KGH (non-retention on active duty) and a reentry (RE) code of 4.

Army Regulation 635-200 governs separation of enlisted personnel.  Paragraph
16-5a states that a soldier who perceives that he or she will be unable to overcome a HQDA bar to reenlistment will be discharged upon their request.  

At the time, Army Regulation 601-280, chapter 10, set forth policy and prescribed 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.  

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 U.S. 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.

Army Regulation 635-5-1, the Separation Program Designator Code (SPD)/Reentry (RE) Code Cross-Reference Table, states that when the SPD is KGH then either RE 3 or 4 will be given.  However, RE code 4 will be given when soldiers are discharged under the QMP.

RE code 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.  

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program. 

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.  In view of the fact that HQDA denied the applicant’s request to reenlist, the assigned RE code of 4 was and still is appropriate.  

3.  The applicant makes a valid point concerning his past experience; however, the Board will not make a decision to arbitrarily allow him to reenlist.  Enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver.  Considering his experience, he may request recruiting officials process his request even though he now has a nonwaivable disqualification.

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

__jl____  __jns___  __tlp___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068819	
SUFFIX		
RECON		
DATE BOARDED	20020509	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.