MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 March 2000                   
	DOCKET NUMBER:   AR1999033566

	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.

	Mrs. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

APPLICANT STATES:  In effect, under the separation code that he was given, there was no specific reason for a reentry code of 4.  The narrative reason for the separation was reduction in force.  He also states in effect that he was never convicted of a crime, he voluntarily requested help for himself and his family.  He was never advised of his rights and was not given due process.  He did not have time to consider his options.

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

He was born on 20 March 1965.  He completed 12 years of formal education.  On 27 August 1986, the applicant enlisted in the Regular Army for 3 years.  He completed the required training and was awarded military occupational specialty 
19K20 (Armor Crewman).  His service was continuous through reenlistments and extensions.  The highest grade he achieved was pay grade E-5.

On 16 April 1996, the applicant was notified that a bar to reenlistment was imposed against him under the Qualitative Management Program (QMP).  The commander’s recommendation was based on the applicant’s performance and future potential for retention.  However the particulars concerning the imposed bar are missing from the applicant’s record.  

On 6 May 1996, the applicant signed DA Form 4941-R, which stated that he understood that he would be separated within 30 days.  He was advised of his rights and of the rights available to him.  He did not submit an appeal.

On 21 May 1996, the recommendation to separate the applicant under the provisions of Army Regulation 635-200, chapter 16-8 was approved.

While receiving treatment for alcohol abuse, the applicant disclosed to his counselors that he had sexually abused a minor. 

On 21 June 1996, the applicant received a letter of reprimand from his commander for indecent assault upon a minor, taking indecent acts of liberties, and for molesting a minor.  On 26 June 1996, the base commander directed that the applicant’s letter of reprimand be filed permanently in his Official Military Personnel File and in his Military Personnel Record Jacket .

On 7 July 1996, the applicant was discharged, in pay grade E-5, under the provisions of Army Regulation 635-200, paragraph 16-8, (Expiration Term of Service/Qualitative Retention Program) with an honorable discharge.  He had completed 9 years, 11 months and 4 days of creditable active service.  He was awarded the Army Good Conduct Medal (2nd award), the Army Commendation Medal (2nd award), the Army Achievement Medal (4th award), the National Defense Service Medal, the Southwest Asia Service Medal (three bronze service stars (BSS)), the Army Service Ribbon, the Kuwait Liberation Medal, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  He was assigned RE code 4.

Army Regulation 601-280, Chapter 10, sets forth policy and prescribes procedures for denying reenlistment under the QMP.  This 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.  The QMP consists of two major subprograms, the qualitative retention subprogram and the qualitative screening subprogram.  Under the qualitative screening subprogram, records for grades 
E-5 through E-9 are regularly screened by the DA promotion selection boards.  The appropriate selection boards evaluate past performance and estimate the potential of each soldier to determine if continued service is warranted.  Soldiers whose continued service is not warranted receive a QMP bar to reenlistment.

Army Regulation 635-200, provides that when a DA bar to reenlistment has been imposed, RE-4 will be the reentry code shown on the individual’s DD form 214.  It is a non waivable disqualification, and the individual is not eligible for 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 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-4 applies to individuals separated from the last period of service with a nonwaivable disqualification and are ineligible for enlistment.

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 the aforementioned requirement. 

2.  The Deputy Chief of Staff for Personnel has ruled in similar cases that RE-4 has been the proper RE code for a soldier discharged, either voluntarily or involuntarily, with a QMP bar to reenlistment in place.

3.  The applicant’s DA imposed bar to reenlistment was accomplished in compliance with applicable regulations, with no indication or procedural errors which would tend to significantly jeopardize the applicant’s rights.

4.  The applicant was discharged and assigned a reentry code in accordance with regulations then in effect.  There appears to be no basis for removal or waiver of that disqualification which established the basis for the reentry code.

5.  In view of the circumstances in this case, the assigned reentry code was and still is appropriate.

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

__rvo___  __eja___  __ewl___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999033566	
SUFFIX		
RECON		
DATE BOARDED	20000308	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19960707	
DISCHARGE AUTHORITY	AR635-200, Paragraph 16-8	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.