| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Ms. Gale J. Wire | Member |
APPLICANT REQUESTS: In effect, that his reentry (RE) code of RE-4 be changed to a more favorable RE code.
APPLICANT STATES: In effect, that his bar to reenlistment was unjust and was based upon his failure to pass two Army Physical Fitness Tests (APFTs). He states that during the periods when the AFPTs were administered, he encountered marital problems, was recovering from ruptured cartilage in his knee, his mother suffered a stroke, and he was assigned to two positions within his company. He further states that prior to his bar to reenlistment, his record was free of misconduct and he was commended for his duty performance. Finally, he states the bar to reenlistment should be removed and his RE code be changed to allow him to reenlist and serve his country. In support of his application, he submits the following documents: certificate of achievement; letter of commendation; and his separation document (DD Form 214).
EVIDENCE OF RECORD: The applicant's military records show:
On 16 March 1979, while serving as a specialist four/E-4 in Germany, the applicant reenlisted in the Army for 3 years. At the time of his reenlistment, he had already completed 2 years, 3 months, and 14 days of active military service and was trained in and held military occupational specialty (MOS) of 19E
(Armor Crewman).
The applicant’s record confirms that the highest rank he attained while serving on active duty was staff sergeant/E-6 (SSG/E-6) and that he earned the following awards during his active duty tenure: Army Commendation Medal; Army Achievement Medal; Good Conduct Medal (2nd Award); Overseas Service Ribbon; Army Service Ribbon; and Noncommissioned Officer Professional Development Ribbon with numeral 1.
On 18 December 1985, the applicant’s unit commander initiated a bar to reenlistment against him, citing his marginal duty performance, inability to prioritize his off-duty affairs, numerous counselings for indebtedness, and his being late for unit formations. The applicant acknowledged receipt of the bar to reenlistment and acknowledged his understanding of the basis for the action.
On 17 January 1986, the bar to reenlistment was approved by the appropriate authority and on 14 March 1986, the applicant voluntarily requested separation from the Army under the provisions of Army regulation 635-200, chapter 16-5b, based on his perception that he could not overcome the basis for the bar, and he acknowledged that if his request for separation was approved, recoupment of unearned portions of any enlistment or reenlistment bonus was required, and that once separated he would not be permitted to reenlist at a later date.
The applicant’s separation request was approved by the separation authority, who directed that the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 16-5b, based on the locally imposed bar to reenlistment. On 27 March 1986, the applicant was honorably discharged accordingly after completing a total of 9 years, 3 months, and 26 days of active military service.
The DD Form 214 issued to and authenticated by the applicant on the date of his separation confirms that the authority for his discharge was paragraph 5-16b, Army Regulation 635-200 and the reason for his separation was a locally imposed bar to reenlistment. This document also verifies that based on the authority and reason for his discharge, the applicant was assigned a Separation Program Designator (SPD) code of KGF and a RE code of RE-4.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 16-5 contains the policy and procedure for the separation of personnel denied reenlistment based on a Department of the Army (DA) or locally imposed bar to reenlistment. It states, in pertinent part, that soldiers who perceive that they will be unable to overcome the bar may apply for immediate discharge. Incident to the request, the solider 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.
Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of KGF was the appropriate code for the applicant based on the guidance provided in this regulation for soldiers separating under the provisions of Army Regulation
635-200, paragraph 16-5b, by reason of a locally imposed bar to reenlistment. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), establishes RE-4 as the proper reentry code to assign to soldiers separated for this reason.
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 the applicant’s contentions that there were several mitigating factors for his being barred from reenlistment, however, it finds these factors are not sufficiently mitigating to warrant the requested relief.
2. The evidence of record confirms that the applicant’s administrative separation was accomplished in compliance with applicable regulations and the Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
3. The Board finds that the RE-4 code assigned the applicant was appropriate based on the authority and reason for his discharge and the basis for this
RE code assignment has not changed.
4. The records shows that the applicant voluntarily requested separation based on his perception that he could not overcome the locally imposed bar to reenlistment, and he acknowledged that he understood that if his request were approved, he would not be permitted to reenlist in the Army at a later date. Although, he may now feel that he made the wrong choice, this does not provide a sufficient basis for granting the requested relief.
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
___INW__ __RJW__ __GJW___ DENY APPLICATION
| CASE ID | AR2001065651 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/03/12 |
| 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. | 100.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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