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ARMY | BCMR | CY2001 | 2001060919C070421
Original file (2001060919C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 5 March 2002
         DOCKET NUMBER: AR2001060919

         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. P. A. Castle Analyst

The following members, a quorum, were present:
Mr. Fred N. Eichorn Chairperson
Mr. Thomas B. Redfern, III Member
Mr. Donald P. Hupman, 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, that his bar to reenlistment be removed, and that his assigned reenlistment eligibility (RE) code of RE-4 be upgraded.

 APPLICANT STATES : That he received a local bar to reenlistment and that the RE-4 code he received was for a Department of the Army bar to reenlistment. Once corrected he will be able to reenlist and fulfill the rest of his Army obligation.

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

The applicant enlisted in the Regular Army (RA) on 10 March 1987, and was honorably discharged on 4 February 1988, pursuant to his own request prior to the normal expiration of his term of service (ETS).

On 15 January 1988, a locally imposed bar to reenlistment was approved based on a nonjudicial punishment under Article 15, UCMJ, for being absent without leave (AWOL).

On 22 January 1988, the applicant requested discharge under the provisions of Army Regulation (AR) 635-200, paragraph 16-5, for his own convenience. He stated, in writing that he felt that he could not overcome the bar. He acknowledged the fact that he would not be able to reenlist at a later date. The discharge authority approved his request and directed than an Honorable Discharge Certificate be issued. He was assigned a code of RE-4 and was credited with 10 months and 18 days creditable service.

Army Regulation 601-280 prescribes the eligibility criteria and options available in the Army Reenlistment Program. Chapter 6 of that 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 service is not warranted. Examples of rationale for reenlistment disqualification include, but are not limited to, AWOL, indebtedness, recurrent nonjudicial punishment, slow promotion progression, no demonstrated potential for future service, and substandard performance of duties.

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 DA imposed or locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar may apply for immediate discharge. Incident to the request the member must state that he understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and that later reenlistment is not permitted.

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 applied to persons separated from their last period of service with a nonwaivable disqualification. Included in this category are persons who requested a discharge because they felt that they could not overcome a bar to reenlistment. These persons 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. The applicant has provided no substantiating evidence to support his claim of error or injustice.

2. The bar to reenlistment was imposed in accordance with the applicable regulation and there is no reason to remove it from the applicant’s records.

3. The applicant chose to request discharge prior to his scheduled ETS as he apparently felt he could not overcome the local bar to reenlistment.

4. The applicant acknowledged prior to discharge that he understood that later reenlistment was not permitted under the provisions of AR 635-200, chapter 16.

5. The assigned RE-4 code is appropriate and there is no reason to change it.

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

 ___fe ___ __tbr____ ___dh___ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records
INDEX
CASE ID AR2001060919
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/03/05
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 189 110.0000
2. 7 100.0600/bar
3.
4.
5.
6.



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