MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  5 April 2000
	DOCKET NUMBER:   AR1999030769

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Stanley Kelley		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 records be corrected to show that he is entitled to separation pay.

APPLICANT STATES:  That he served over 6 years on active duty and the USAR.

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

He enlisted and entered active duty on 16 February 1993.  He completed training in field artillery and was assigned to Hawaii.  He was promoted to grade E-4 effective 15 February 1994.

On 19 August 1994 the applicant’s commander was informed by the Army and Air Force Exchange System (AAFES) that he was 2 months delinquent on a debt and his credit privileges were suspended.  On 2 September 1994 the commander was informed that the applicant was also 6 months overdue on a debt to the Navy Exchange Service.  The applicant was counseled about his failure to pay just debts and the possible punishment he could face under the UCMJ.

On 3 October the applicant acknowledged a local bar to reenlistment for failure to pay just debts.  He declined to submit a statement in his own behalf.  On 4 October 1994 he submitted a voluntary request for separation based on his belief that he could not overcome the bar to reenlistment.  The separation authority approved his request and an honorable discharge was directed.

Effective 19 October 1994 the applicant was separated from active duty under authority of AR 635-200, paragraph 16-5b. and transferred to the USAR for the remainder of his service obligation.  He had 1 year, 8 months, and 4 days creditable service.  His reenlistment (RE) code is shown as RE-4.

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 service is not warranted.  Examples of rationale for reenlistment disqualification are, but are not limited to, AWOL, indebtedness, recurrent nonjudicial punishment, slow promotion progression, no demonstrated potential for future service, and substandard performance of duties.

Army Regulation 635-200 sets forth the basic authority for the 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 DA imposed or locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar may apply for immediate discharge.  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.  There are no provisions for soldiers separated under this paragraph to receive separation, severance, or readjustment pay.

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 separated from active duty in accordance with regulations with no indication of error or injustice.  He is not entitled to the relief he now seeks.

2.  There are no provisions for receipt of separation pay with a bar to reenlistment in force.

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

__RO___  __LE___  ___SK___  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030769	
SUFFIX		
RECON		
DATE BOARDED	20000405	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.09	
2.		
3.		
4.		
5.		
6.