MEMORANDUM OF CONSIDERATION


      IN THE CASE OF:



      BOARD DATE:           17 December 2002
      DOCKET NUMBER:   AR2002076258

      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. Rosa M. Chandler                |     |Analyst             |


  The following members, a quorum, were present:

|     |Mr. Luther L. Santiful              |    |Chairperson         |
|     |Ms. Barbara J. Ellis                |    |Member              |
|     |Mr. William D. Powers               |    |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:  That Item 27 (Reentry Eligibility (RE) Code ) on his
DD Form 214 (Certificate of Release or Discharge from Active Duty) be
changed to either an RE code of RE-2 or RE-3.

APPLICANT STATES:  The applicant makes no contentions.

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

That prior to the period of service under review, he served honorably in
the Regular Army (RA) from 15 December 1975 until on 27 April 1978 when he
was separated for reenlistment and issued a DD Form 214.  The applicant
reenlisted and served continuously from 28 April 1978-2 August 1990.

On 19 July 1989, while assigned to Fort Knox, Kentucky, the applicant
received nonjudicial punishment (NJP) under the provisions of Article 15,
Uniform Code of Military Justice for committing sodomy and for having
sexual intercourse with a married woman not his wife.  It was directed that
the NJP be filed on his performance fiche.  On 29 September 1989, the
applicant received a letter of reprimand (LOR) for having a blood alcohol
content level of .18% while being in control of a motor vehicle on 27
August 1989.

On 3 August 1990, the applicant reenlisted in the RA for 5 years, his
previous military occupational specialty (MOS) 19K (Armor Crewman), and pay
grade
E-6.  This was the highest pay grade that he achieved.

On 26 August 1991, the applicant was convicted in a civilian court of
driving while under the influence of intoxicants.  On 30 September 1991, he
received a second letter LOR for having a blood alcohol content of .17%
while he was physically controlling a motor vehicle.  Both LOR's were
administrative actions and not punishment under the Uniform Code or
Military Justice.  Both LOR's were placed on his performance fiche in his
Official Military Personnel File.

On 15 January 1992, a Department of the Army (DA) E-7 Promotion Selection
Board identified the applicant for a DA Bar to Reenlistment under the
Qualitative Management Program (QMP).  The applicant was notified of the
basis for the bar to reenlistment.  The basis cited were the above 19 July
1989, NJP and the 29 September 1989 LOR.

On 24 January 1992 the applicant acknowledged notification, he acknowledged
that he had been informed of his options and that he understood that he
would be separated within 90 days of the option statement.  The applicant
also indicated that he would not submit an appeal.  The applicant's
commander indicated that he would not submit a separate appeal on behalf of
the applicant.

On 12 February 1992, the applicant's request for 10 days permissive
temporary duty and an end term of service (ETS) date of 22 April 1992 was
approved.

On 22 April 1992, the applicant was separated under the provisions of
chapter 16, Army Regulation 635-200 by reason of reduction in force with an
honorable discharge and assigned an RE code of RE-4.  He had completed 16
years,
4 months and 9 days total active service, of which 1 year, 8 months and 20
days was on the current enlistment and 14 years, 7 months and 18 days were
on his prior active duty enlistments.  He was assigned an RE code of RE-4
due to a DA imposed bar to 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 enlisting and
processing into the RA and the eligibility for prior service applicants
for enlistment.  That chapter includes a list of Armed Forces RE codes
and RA RE codes.

An RE code of RE-4 applies to persons not qualified for continued Army
service. Those individuals discharged under the provisions of chapter 16,
Army Regulation 635-200, as a result of a DA imposed bar to
reenlistment/reduction in force, are disqualified to reenlist and the
disqualification is nonwaivable.

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 non-progressive 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 program.  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.  A soldier is entitled to only one appeal of the bar
to reenlistment, and relook boards are not authorized.

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 this requirement.

2.  The applicant was barred from reenlistment under the QMP after a DA
Selection Board reviewed his records and determined that he was no longer
eligible for reenlistment due to his past performance and conduct.
Essentially, the Army found that the applicant had no potential for
meaningful service beyond his ETS.

3.  The applicant has provided this Board with no evidence that supports
removal or waiver of the disqualification, which established the bases for
his current RE, code.  He was properly separated and assigned an RE code of
RE-4 in accordance with regulations then in effect.  His assigned RE code
was and still is appropriate.

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

__lls___  __bje___  __wdp___  DENY APPLICATION



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



                                    INDEX

|CASE ID                 |AR2002076258                           |
|SUFFIX                  |                                       |
|RECON                   |                                       |
|DATE BOARDED            |20021217                               |
|TYPE OF DISCHARGE       |(HD)                                   |
|DATE OF DISCHARGE       |19920422                               |
|DISCHARGE AUTHORITY     |AR635-200, Chap 16                     |
|DISCHARGE REASON        |                                       |
|BOARD DECISION          |(DENY)                                 |
|REVIEW AUTHORITY        |                                       |
|ISSUES         1.       |100.0300                               |
|2.                      |                                       |
|3.                      |                                       |
|4.                      |                                       |
|5.                      |                                       |
|6.                      |                                       |