MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           08 OCTOBER 2002                  
	DOCKET NUMBER:   AR2002071254

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	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 her Reentry Eligibility (RE) code be changed so she can return to military service.  She states that she served her country well and has attempted to enlist in the United States Army Reserve or the National Guard but has been denied enlistment because of her RE code.  She submits no evidence in support of her application.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

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

She enlisted and entered active duty on 30 January 1978.  In 1980 and 1983 she reenlisted and in August 1980 she was promoted to pay grade E-5.

In November 1988 she was notified that she had been identified for a Department of the Army bar to reenlistment under the Army’s Qualitative Management Program (QMP).  The applicant's four consecutive, less than favorable performance evaluation reports, between March 1984 and May 1987, were identified as the basis for her bar to reenlistment.  Also identified as contributing to the bar were a 1986 record of nonjudicial punishment for driving a motor vehicle without the proper license and a 1987 academic evaluation report indicating that she had failed to achieve course standards during her Primary Leadership Development Course.  There is no indication she appealed the bar.  

The applicant was discharged on 17 May 1989.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects an RE code of 4.  The applicant authenticated her separation document.

The Army’s QMP 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. Under this program, Department of the Army promotion selection boards regularly screen records of soldiers in the grades of E-5 through E-9.  The 

appropriate selection boards evaluate past performances and estimates the potential of each soldier to determine if continued service is warranted.  Soldiers whose continued service is not warranted receive a Department of the Army imposed 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 prescribed 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 individuals who were separated from their last period of service with a non-waivable disqualification.  Soldiers who were separated from their term of service with a Department of the Army imposed bar to reenlistment in effect are ineligible for reenlistment and receive an RE-4.

Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

Based on her separation with a Department of the Army bar to reenlistment in place, an RE code of 4 was appropriate.  There is no evidence, and the applicant has not provided any, that her RE code was in error or unjust.  The fact that she may not be able to return to military service is not, in and of itself, a basis to change her RE code.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 17 May 1989, the date the applicant was discharged.  The time for the applicant to file a request for correction of any error or injustice expired on 17 May 1992.

The application is dated 19 March 2002 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__JLP __  __MHM__  __JEA  __  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2002071254	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021008	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.