APPLICANT REQUESTS: 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, that he would like his reentry code changed so that he could enter the United States Army National Guard.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 31 March 1965. He completed 12 years of formal education. On 30 November 1983, he enlisted into the Regular Army for 3 years. He completed the required training and was awarded military occupational specialty 12B10 (Combat Engineer). His service thereafter was continuous through reenlistment and extension. The highest grade he achieved was pay grade E-5.
On 26 May 1988, the applicant received a Letter of Reprimand (LOR) for driving while under the influence of alcohol. On
13 July 1991, the applicant received another LOR for driving while under the influence of alcohol. The LORs were placed in his Official Military Personnel File.
On 4 October 1991, the applicant accepted nonjudical punishment, under Article 15, Uniform Code of Military Justice, for failure to repair. His imposed punishment was a forfeiture of $308 pay for 1 month, 14 days restriction (suspended for 6 months) and 14 days extra duty (suspended for 6 months).
The Calendar Year 1992 Master Sergeant Selection Board, reviewed the applicants Official Military Personnel File (OMPF) and determined that he would be barred from reenlistment under the Qualitative Management Program (QMP). The board identified two letters of reprimand in the applicants OMPF as the indicating deficiencies/weaknesses for the basis for the bar to reenlistment.
On 10 July 1992, the applicant was notified of the HQDA bar to reenlistment. He was advised of his rights and his rights available to him. The applicants records do not indicate that he submitted an appeal.
On 6 January 1993, 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, 1 month and 6 days of creditable active service. He was awarded the Army Commendation Medal, the Army Achievement Medal (three oakleaf clusters), the Army Good Conduct Medal (2nd award), the National Defense Service Medal, the Army Service Ribbon and the Overseas Service Ribbon. He was given a reentry code of RE-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 performances 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 600-200, provides that when a DA bar to reenlistment has been imposed, RE-4 will be the reentry code shown on the individuals DD Form 214. It is a nonwaivable 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 applicants DA imposed bar to reenlistment was accomplished in compliance with applicable regulations, with no indication of procedural errors which would tend to significantly jeopardize the applicants rights.
3. 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.
4. In view of the circumstances in this case, the assigned reentry code was and still is appropriate.
5. In view of the foregoing, there is no basis for granting the applicants 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
DENY APPLICATION
Karl F. Schneider
Acting Director
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