MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 April 2000
	DOCKET NUMBER:   AR1999029976

	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. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Ms. Barbara J. Ellis 		Member	
	Mr. James P. Steuve		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 code “KGF” be changed so he can enlist in the National Guard.  In effect, he is requesting that his reentry (RE) code of RE-3 be changed so he can enlist in the National Guard.

APPLICANT STATES:  That he has been out of the military 6 ½ years and he has matured.

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

He enlisted on 15 August 1984 for a period of 3 years.  On 11 February 1986, he extended his enlistment for 19 months in order to comply with assignment instructions to Germany.  He was separated with an honorable discharge on
29 December 1988 for the purpose of immediate reenlistment and station of choice assignment to Fort Campbell, Kentucky.

On 17 April 1990, the applicant was tried by general court-martial and found guilty of two specifications of wrongfully using cocaine.  He was sentenced to confinement for 9 months, forfeiture of $300.00 per month for 9 months, and reduction in rank to the lowest enlisted grade (E-1).

On 1 September 1992, the applicant’s commander imposed a bar to reenlistment on him for misconduct based on a record of disciplinary actions, including one nonjudicial punishment action and one general court-martial.  The bar was approved on 10 September 1992 by the special court-martial convening authority.

On 24 September 1992, the applicant requested early separation from active duty under the provisions of Army Regulation 635-200, paragraph 16-5b.  The request was approved by the separation authority and the applicant was honorably discharged on 15 October 1992.  He had 7 years, 6 months and 
7 days creditable active service and 238 days of time lost.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his separation code as KGF and his reentry code as RE-3.

Army Regulation 601-280 prescribes the eligibility criteria and options available in the Army Reenlistment Program.  Chapter 6 of that regulation provides for barring from reenlistment individuals whose continued active duty is not in the best interest of the military service.  This chapter specifies that bars will be used when immediate administrative discharge from active duty is not warranted. Examples of rationale for reenlistment disqualification are, but not limited to, AWOL, indebtedness, recurrent nonjudicial punishment, slow promotion progression, no demonstrated potential for future service, substandard performance of duties, and substandard appearance.

Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-5 applies to personnel denied reenlistment and provides that soldiers who receive locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar, may apply for immediate separation. Incident to the request, the member must state that he understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and that later reenlistment is not permitted.

Army Regulation 635-5-1 governs the use of separation program designator (SPD) codes and the authorities and reasons therefor.  SPD codes are used to provide statistical accounting of the reasons for which active Army personnel are separated.  The codes are not used to determine enlistment or reenlistment eligibility.  The code KGF indicates that an individual was separated by reason of locally 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 Army.  Chapter 3 prescribes basic eligibility for prior service applicants for enlistment, and includes a list of armed forces RE codes.  RE-3 applies to individuals who are ineligible to reenter the Army unless a waiver is granted..

Chapter 4, table 4-2, of the above regulation lists nonwaivable moral and administrative disqualifications for reentry in the Army.  Included in this table are persons with prior service last discharged from active service by reason of locally imposed bar to reenlistment.  These individuals will be assigned RE code 3 at the time of discharge.

The Total Army Personnel Command has advised in similar cases that RE codes may be changed only if they are determined to be administratively incorrect.

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 applicant was appropriately barred from reenlistment based on misconduct and his record of disciplinary action.  The action to bar him was accomplished in compliance with applicable regulations, with no indication of procedural errors which would tend to jeopardize his rights.  The RE code was correctly assigned in accordance with governing regulations.

2.  Since RE-3 is a waivable disqualification, the applicant should seek assistance from his local recruiter if he desires to enlist in the National Guard.

3.  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 the aforementioned requirement.

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

__rgh___  ___bje___  __jps____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029976	
SUFFIX		
RECON		
DATE BOARDED	20000412	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.6	
2.	110.00	
3.		
4.		
5.		
6.