MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           9 May 2002                  
	DOCKET NUMBER:   AR2001063139

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Terry L. Placek		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 reflect that he was not barred from reenlistment.

APPLICANT STATES:  In effect, that his bar to reenlistment was based on unsubstantiated charges.  He was investigated for committing adultery with a student.  The investigation revealed nothing, the charge could not be substantiated and he was exonerated.  He presents the argument that adultery, in the military, is a crime; if he was guilty of adultery he would have been punished more severely than a letter of reprimand, filed in his local file.  He states that he was exonerated and never charged; that the letter of reprimand and bar to reenlistment were based on perception.  He would like to have this information corrected so that he may re-enter the military.

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

He last reenlisted in the Regular Army on 16 July 1993, at the grade of E-6.  The applicant has no current military status.

On 11 December 1993, a DA Form 4126-R (Bar to Reenlistment Certificate) was prepared.  It indicates the applicant received a letter of reprimand from the 262nd Quartermaster Battalion Commander on 7 October 1993 as the result of a Criminal Investigation Division (CID) investigation for adultery, conduct unbecoming a noncommissioned officer, and solicitation to commit an offense.  It explains that the applicant had consensual sexual intercourse with a female private first class, a student in the applicant's advanced individual training class.  The student admitted this to CID at Camp Page, Korea on 10 May 1993.  On the same form, the applicant confirmed by his initials that he had been advised by counsel, did not desire to submit a statement in his own behalf, and would not appeal the bar to reenlistment.  

On 4 January 1994, the applicant requested early voluntary separation.  His expiration of term of service was 15 July 1996.

On 5 January 1994, the applicant's battalion commander forwarded the applicant's request and recommended approval.  He further recommended that the applicant be provided an Honorable Discharge certificate.

On 13 January 1994, the appropriate commander concurred with the applicant's request and recommendation for approval of the applicant's request for voluntary discharge.

Accordingly, on 20 January 1994, the applicant was honorably discharged under the authority of Army Regulation 635-200, chapter 16 for non-retention on active duty.

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 Department of the Army imposed or locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar may apply for immediate discharge.

Army Regulation 601-280 provides, in pertinent part, that soldiers, who believe that they will be unable to overcome a bar to reenlistment, may apply for voluntary separation.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and, it is concluded:

1.  The applicant contends that he was wrongly accused of adultery and that he was exonerated by investigation.  However, the applicant submitted no evidence to support this contention.  The applicant argues the fact that he received a letter of reprimand, instead of more severe punishment, is evidence there was no basis for the bar to reenlistment.  The Board does not accept this argument.  In addition, the applicant's records reveal that when presented with an opportunity to officially present any information or questions he chose not to submit a statement in his own behalf and agreed he would not appeal the bar to reenlistment.  In addition, the applicant voluntarily requested early separation when he believed he was unable to overcome the bar to reenlistment.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request and the record contains no indication that his rights were violated during the bar to reenlistment processes.  In the absence of such evidence and information the Board must conclude that the bar to reenlistment was administratively correct.

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 ___  ___tlp___  ___jns___  DENY APPLICATION

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

INDEX

CASE ID	AR2001063139	
SUFFIX		
RECON	20020509	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.