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ARMY | BCMR | CY1997 | 9711476
Original file (9711476.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 9 December 1998
         DOCKET NUMBER: AC97-11476

         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. Loren G. Harrell Director
Mr. Jessie B. Strickland Analyst

         The following members, a quorum, were present:

Ms. June Hajjar Chairperson
Mr. Fred N. Eichorn Member
Mr. Thomas B. Redfern, III Member

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         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 report of separation (DD Form 214) be corrected to show that he had a reentry (RE) code of 3.

APPLICANT STATES: In effect, that he should have received an RE code of 3 instead of the RE code of 4 that he received. He further states that he was offered a slot in the USAR and that he is considering returning to the active Army because his military occupational specialty is in demand. In support of his application he submits a memorandum from The Military Academy addressed to the National Personnel Records Center.

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

The applicant enlisted on 21 July 1987 and remained on active duty through a series of continuous reenlistments as a Bradley fighting vehicle systems mechanic. He was promoted to the pay grade of E-5 on 10 March 1987.

On 1 November 1991 he was notified that the Calender Year 1991 Department of the Army Master Sergeant/Sergeant Promotion Selection and Qualitative Management Program (QMP) Board had determined that he should be barred from reenlistment based on the presence of an academic evaluation report (DA Form 1059) contained in his Official Military Personnel File indicating that he had failed to achieve course standards of the Basic NCO Course (BNCOC).

The applicant indicated that he would not submit an appeal of the bar to reenlistment under the QMP and he was honorably discharged on 29 April 1989 under the provisions of Army Regulation 635-200, paragraph 16-8, under the QMP. He had served 10 years, 9 months, and 9 days of total active service and was issued an RE code of 4.

The supporting letter submitted by the applicant with his application is a request dated 21 October 1996 from the chief of personnel actions and records section of the Military Academy submitted to the National Personnel Records Center requesting that the applicant’s RE code be changed to RE 3.

Army Regulation 601-210 serves as the authority for the issuance of RE codes. It states, in pertinent part, that an RE code of 4 will be issued to persons with less than 18 years of service who have a Department of the Army bar to reenlistment.

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 properly discharged per his request in accordance with the applicable regulation in effect at the time with the appropriate RE code.

2. The applicant has failed to show through the evidence submitted or the evidence of record that the RE code issued to him at the time of his separation was in error or unjust.

3. Notwithstanding the request submitted by officials at the Military Academy to change the applicant’s RE code to a more favorable code, the applicable regulations indicate that he was properly issued an RE code of 4.

4. 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

___jh____ __fe____ ___tbr___ DENY APPLICATION




                                                      Loren G. Harrell
                                                      Director

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