MEMORANDUM OF CONSIDERATION

		IN THE CASE OF

		BOARD DATE:           11 September 2003                   
		DOCKET NUMBER:   AR2003088891

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. John T. Meixell		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, that the locally imposed bar to reenlistment imposed on him be waived or removed.  

APPLICANT STATES:  In effect, that he would like to reenlist in the Armed Forces.  He claims that his discharge was voluntary and was not disciplinary in nature, as evidenced by his receiving an honorable discharge.  

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

He entered active duty in the Regular Army on 14 June 1990.  He was trained and served in military occupational specialty (MOS) 11B (Infantryman) and he attained the rank of specialist (SPC).

On 12 January 1993, the applicant’s unit commander prepared a bar to reenlistment certificate on the applicant.  The unit commander cited five bad checks as the factual and relevant indicators of untrainability and unsuitability.  On 20 January 1993, the applicant’s battalion commander approved the bar to reenlistment certificate.  

On 26 January 1993, the applicant was counseled on the rights associated with the action, and he elected not to appeal the bar to reenlistment.  

On 1 February 1993, the applicant submitted a request for separation under the provisions of paragraph 16-5, Army Regulation 635-200.  He commented that he felt he could not overcome the bar to reenlistment imposed on him.  On 
2 February 1993, this request was approved by the separation authority and on
8 March 1993, the applicant was honorably discharged accordingly.

The separation document (DD Form 214) issued to the applicant on the date of his separation confirms that the authority for the applicant’s separation was paragraph 16-5b, Army Regulation 635-200, and the narrative reason for his separation was locally imposed bar to reenlistment.  This separation document also indicates that based on the authority and reason for his separation, the applicant was assigned a reentry (RE) code of RE-3.  
Army Regulation 635-200 sets forth the policies and procedures for the administrative separation of enlisted personnel of the Army.  Paragraph 16-5, in effect at the time, provided the authority for soldiers denied or ineligible for continued active duty service to be separated upon their request.  It allowed soldiers who perceived that they could not overcome a locally imposed bar to reenlistment to request early separation. 

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 US 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.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  The regulation provided for the assignment of an RE-3 code to those soldiers separated by reason of locally imposed bar to reenlistment.  

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.  The Board notes the applicant’s request that the locally imposed bar to reenlistment imposed on him be waived or removed.  However, it finds an insufficient evidentiary basis upon which to support the requested relief.  

2.  The evidence of record confirms that the imposition of the bar to reenlistment on the applicant and his separation processing was accomplished in accordance with the applicable regulations.  It further shows that the applicant was discharged under the terms of his own discharge request based on his perception that he could not overcome the bar to reenlistment.  The Board is satisfied that all requirements of law and regulations were met, and that the rights of the applicant were fully protected throughout the separation process.  

3.  By regulation, the RE-3 code is the proper code to assign members separating under the provisions of paragraph 16-5b, Army Regulation 
635-200, by reason of locally imposed bar to reenlistment.  As a result, the Board finds that the RE-3 code assigned the applicant at discharge was and still is appropriate based on the authority and reason for his separation.  

4.  The applicant is advised that although the Board has determined that his 
RE-3 code was properly assigned, this does not mean that he is totally disqualified from reenlistment.  The disqualification upon which the RE-3 code assignment was based may be waived for reenlistment.  The applicant is advised that if he desires to reenlist, he should contact a local recruiter who can best advise him on his eligibility for reenlistment.  Those individuals can best advise a former service member as to the needs of the service at the time and may process reenlistment waivers for RE codes.  

5.  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.

6.  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

__JM__  __SK__  __CP_  DENY APPLICATION

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

INDEX

CASE ID	AR2003085891	
SUFFIX		
RECON		
DATE BOARDED	2003/09/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1993/03/08	
DISCHARGE AUTHORITY	AR 635-200 C16	
DISCHARGE REASON	Locally Imposed Bar to Reenlistment 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  4	100.0300	
2.  7	100.0600	
3.		
4.		
5.		
6.