MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 August 2002
	DOCKET NUMBER:   AR2002071672

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Ms. Barbara J. Lutz		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 reentry (RE) code of 3 be changed.

APPLICANT STATES:  That he was having marriage problems almost 12 years ago.  He feels he was unjustly given an RE code of 3 for actions of his former wife who ran up bills and showed no respect towards his superiors.  Her behavior caused her to be sent back from Germany and got him a bar to reenlistment which he could not overcome in a timely manner.  Since he thought his career was over, he requested release from active duty.  He has since divorced, gotten his affairs in order, remarried a very supportive wife, and is proudly serving in a Troop Program Unit (TPU).  He wishes to have the opportunity to serve in the Active Guard/Reserve (AGR) program.  He provides two letters, both dated       27 March 2002, of support from his current commander and his Retention Noncommissioned Officer as supporting evidence. 

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

He enlisted in the Regular Army on 7 October 1981.  He reenlisted for the last time on 28 October 1988 for 6 years.

On 20 August 1991, the applicant was given a locally-imposed bar to reenlistment.  On the Bar to Reenlistment Certificate, DA Form 4126, his commander cited as reasons for the bar four letters of indebtedness, four delinquent telephone bills, one month of late rent, one dishonored check, and an overdue video cassette recorder rental.  The commander also noted the applicant failed to respond to duty requirements because of parenthood or custody of dependents (minor or adult); failed to manage personal, marital, or family affairs; was recalcitrant, and was unable to follow orders.  The applicant did not desire to submit a statement in his own behalf or appeal the bar.

On 8 October 1991, the applicant requested separation for failure to overcome a bar to reenlistment under the provisions of Army Regulation 635-200, paragraph 16-5b.  The appropriate authority approved his request on 20 August 1991.

On 26 November 1991, the applicant was discharged, with an honorable discharge, in pay grade E-5 after completing 10 years, 1 month, and 21 days of creditable active service with no lost time.  He was given a separation designator (SPD) code of KGF (voluntary discharge under the provisions of Army Regulation 635-200, paragraph 16-5a or b, Headquarters, Department of the Army or locally- imposed bar to reenlistment) and an RE code of 3.

On an unknown date, the applicant enlisted in the U. S. Army Reserve (USAR).

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 USAR.  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.

RE-3 applies to persons not qualified for continued Army service but the disqualification is waivable.  

Army Regulation 135-18 establishes policies for obtaining and separating Army National Guard of the United States, Army National Guard, and USAR personnel serving as members of the AGR program.  Table 2-3 gives nonwaivable disqualifications for entry in the program.  Rule G states that a soldier involuntarily removed from active duty for cause is a nonwaivable disqualification. Rule K states that an enlisted soldier barred from reenlistment in the Army National Guard or the USAR or on whom a bar to reenlistment has been initiated is a nonwaivable disqualification.  (These Rules do not apply to the applicant in this case.)

On 21 August 2002, Mrs. Roberts from the AGR Accessions Team, U. S. Army Reserve Personnel Command indicated in a phone conversation that if an individual does not have a current bar to reenlistment, there should be no problem in requesting entry into the AGR program.  The individual would not necessarily be selected for the program but he or she would not be automatically disqualified from entry.

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 the applicant was given a locally-imposed bar to reenlistment in 1991 and then voluntarily requested discharge due to a perceived belief he could not overcome the bar, the assigned reentry code of RE 3 was properly given.  The Board notes that the USAR waived his disqualification, allowed him to enlist, and he appears to be having a successful career.  There is no error in his records.  However, it appears the applicant may be receiving erroneous information about his qualification for entry into the AGR program based upon Rules G and K in Table 2-3, Army Regulation 135-18.  He does not appear to have a nonwaivable disqualification for entry into the AGR program under these rules.  He or his command should contact the Accessions Team at U. S. Army Personnel Command for further information.
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

__JHL __  __ RVO  _  __BJL __  DENY APPLICATION 

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

INDEX

CASE ID	AR2002071672	
SUFFIX		
RECON		
DATE BOARDED	2002/08/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.