MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  22 April 2003
	DOCKET NUMBER:  AR2002079220

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Mae M. Bullock		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 his Reentry (RE) Code of "4" be changed to a more favorable code.

APPLICANT STATES:  In effect, the he was having family problems that required him to request an early separation and does not understand why his discharge was bad.  His RE Code of "4" prevents him from obtaining a government job and enlisting in the Army National Guard (ARNG).  

In his letters of support, he states that he was not informed that his discharge would prevent him from future employment or enlistment in the ARNG. He received three Good Conduct Medals and was issued a secret clearance.  He also states that he did not realize, at that time, the effects he would encounter later on in life.  He applied for several jobs that would have been offered to him; however, he was unable to obtain due to his separation.

EVIDENCE OF RECORD:  The applicant's military records show he entered active duty on 2 February 1978, as a cannon crewman.

He was promoted to SGT/E-5 effective 1 August 1981 with a date of rank of 5 July 1981.

On 12 December 1984, he was punished under Article 15, Uniform Code of Military Justice (UCMJ), for giving to another soldier to get rid of three charges of TNT, a value of $30, property of US Government, and for making a false statement.  His punishment consisted of a reduction to the pay grade of E-4, a forfeiture of pay, and 30 days extra duty. 

On 22 December 1986, he was punished under Article 15, UCMJ, for a dishonored check and for failing to maintain sufficient funds.  His punishment consisted of a reduction to the pay grade of E-3 (suspended) and 14 days restriction and extra duty. 

On 15 January 1987, the applicant was barred from reenlistment due to several letters of indebtedness, suspended pass and alcohol privileges, and for uttering bad checks. 

On 16 January 1987, the applicant submitted a request to be discharged prior to 
his expiration of term of service (ETS) under the provisions of Army Regulation 
635-200, paragraph 16-5, due to his inability to overcome a locally imposed bar to reenlistment.  The commander recommended approval of the applicant's request.  The appropriate authority's approval of the applicant’s requests is unavailable for review by this Board.

On 18 February 1987, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 16-5(b) due to a locally imposed bar to reenlistment.  He was furnished an Honorable Discharge Certificate.  He had completed 8 years, 11 months, and 17 days of creditable service.  

Item 27 (Reenlistment Code) of the applicant’s DD Form 214 shows the entry "4" and item 26 (Separation Code) shows the entry "KGF."

Army Regulation 601-280 prescribes the eligibility criteria and options available 
in the Army Reenlistment Program.  Chapter 6 of the 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 (overweight).

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligation.  Paragraph 16-5(b) applies to personnel who were denied reenlistment and provided that, if they received a locally imposed bar to reenlistment, and were unable to overcome the bar, they may apply for
immediate 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–4 applies to persons not qualified for continued service by virtue of being separated from the service with non-waivable disqualifications such as persons with a local bar to reenlistment.

Army Regulation 635-5-1, in effect at that time, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation shows that the separation 

program designator "KGF" as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as "Locally Imposed Bar to Reenlistment" and that the authority for discharge under this separation program designator is
"Army Regulation 635-200, para 16-5b."

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 that the RE-4 is consistent with the basis for his separation and in this case finds no basis to correct the existing code.

2.  The type of discharge directed and the reasons for that separation were appropriate considering all of the facts of the case.

3.  The applicant has failed to show, through the evidence submitted with his application or the evidence of record, that his separation due to a locally imposed bar to reenlistment which resulted in his receiving an RE code of RE "4" was in error or unjust.  

4.  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.

5.  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

__mm___  __cg___  ___mb__  DENY APPLICATION

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

INDEX

CASE ID	AR2002079220	
SUFFIX		
RECON		
DATE BOARDED	20030422	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19870218	
DISCHARGE AUTHORITY	AR .635-200 chapter 16-5	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	4	
2.		
3.		
4.		
5.		
6.