MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 11 June 2002
         DOCKET NUMBER: AR2002071669

         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Roger W. Able		Member
Mr. Harry B. Oberg		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)

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APPLICANT REQUESTS: Correction of his records to show a reentry eligibility (RE) code which would allow reenlistment.

APPLICANT STATES: That he was discharged from his unit in order to finish his college education. He requests that his RE code be changed to allow him to reenlist and serve his country. In support of his application, he submits a letter from a recruiter of the Washington Air National Guard, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a Standard Form 180 (Request Pertaining to Military Records), a DA Form 3340-R (Request for Regular Army Reenlistment or Extension), and a DA Form 4126-R (Bar to Reenlistment Certificate).

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

The applicant enlisted in the Regular Army on 27 December 1985 for a period of four years. He successfully completed basic and advanced individual training and was assigned to Fort Lewis, Washington as an operating room specialist. He was advanced to sergeant in January 1988 and reenlisted on 26 October 1989 for a period of two years. At the time of his reenlistment, the applicant elected six months stabilization.

On 6 June 1990, orders were published by I Corps and Fort Lewis, Washington, assigning the applicant to Korea.

The applicant's commander recommended that a bar to reenlistment be imposed against the applicant for refusing to accept the orders to Korea because it would put more strain on his family if he accepted the tour. The commander stated that the applicant wanted to be barred and dismissed from the Army as soon as possible.

On 29 June 1990, the applicant was furnished a copy of the bar to reenlistment, was counseled and advised of the basis for the action, and elected not to submit a statement in his own behalf. The bar to reenlistment was approved on the same day. The applicant elected not to appeal the bar to reenlistment.

The applicant requested that he be released from active duty under the provisions of Army Regulation 635-200, chapter 16 due to his perceived inability to overcome his bar to reenlistment. The request was approved by the appropriate authority.

The applicant was honorably discharged on 17 July 1990 under the provisions of Army Regulation 635-200, chapter 16-5(b) due to a locally imposed bar to reenlistment. He had served 4 years, 6 months and 21 days of total active service and was issued a RE code of RE-3.

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. Upon the request for immediate discharge, 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.

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 are, but are not limited to, AWOL, indebtedness, recurrent nonjudicial punishment, slow promotion progression, no demonstrated potential for future service, and substandard performance of duties.

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-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

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 based on his request and was assigned a reentry code of RE-3 in accordance with regulations then in effect.

2. Notwithstanding the applicant’s contention that he was discharged from his unit to finish his college education, evidence of record shows that he voluntarily requested discharge from the service under the provisions of Army Regulation 635-200, chapter 16-5(b) based on his inability to overcome the bar to reenlistment imposed upon him.

3. The applicant was properly discharged based on his request in accordance with the applicable regulations and there is no evidence of any violation of his rights. Likewise, the applicant has failed to show, through the evidence submitted with his application or the evidence or record that the bar to reenlistment which resulted in his receiving RE code of RE-3 was in error or unjust.

4. There is no basis for removal of the RE code from the applicant's record; however, if the applicant desires to reenter the Army, the Board recommends that he contact his local recruiter to determine if he is eligible to apply for a waiver of his RE code under current enlistment criteria.

5. 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.

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

FNE____ RTD_____ RWA____ DENY APPLICATION

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

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INDEX

CASE ID	AR2002071669
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020611
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19900717
DISCHARGE AUTHORITY	AR635-200. . .
DISCHARGE REASON	Locally imposed bar to reenlistment
BOARD DECISION	DENY
REVIEW AUTHORITY	Mr. Chun
ISSUES 1.	100.0300
2.
3.
4.
5.
6.