MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 21 October 2003
         DOCKET NUMBER: AR2003085887

         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. Antoinette Farley		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Mr. William D. Powers		Member
Mr. Frank C. Jones II		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: That his reentry eligibility (RE) code be changed so he can enlist in the Reserve.

APPLICANT STATES: In essence, he has been out of the military for nine
years and is unable to reenlist in the Reserve due to receiving a reenlistment code of RE-4. He had proudly dedicated himself to serving his country. He had a clean record and was about to be promoted. He admits that his personal life was not perfect and he had some problems but at no time did he allow anything to interfere with his military career. He claims that the reason for his discharge does not warrant the punishment. He also provides character reference letters from two retired sergeants.

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

He served in the Regular Army and Reserve from 12 August 1981 to 6 August 1987. His military occupational specialty (MOS) was 13B (Cannon Crewman) where he held pay grade E-4. On 24 July 1991, he reenlisted in the Regular Army for 6 years and retained the same MOS.

On 2 February 1993, the applicant’s commander initiated a bar to his reenlistment. He cited the applicant’s failure to manage his personal, marital and family affairs, his arrest by the military police for aggravated assault and disorderly conduct.

On 3 February 1993, the applicant acknowledged the unit commander’s recommendation and declined to submit a statement in his own behalf. The Battalion Commander approved the locally imposed bar to reenlistment and the applicant subsequently, was informed of his rights but elected not to appeal.

The applicant voluntarily requested discharge under the provisions of chapter 16, Army Regulation 635-200. He stated that he did not believe that he could overcome the locally imposed bar to reenlistment. He further stated that the separation was for his own convenience, that recoupment of unearned portions of any enlistment bonus/selective reenlistment bonus was required and that he understood that once separated he would not be permitted to reenlist at a later date.

On 25 February 1993, his unit commander recommended approval of the applicant’s request. The battalion commander approved the applicant’s request and directed that he be transferred to the Individual Ready Reserve (IRR) with an honorable characterization of service. On 2 May 1993 the separation orders were amended to revoke his transfer to the IRR and directed separation with an honorable discharge, by reason of inability to overcome locally imposed bar to reenlistment.


On 1 April 1993, the applicant was discharged with an honorable discharge.
He had 1 year, 9 months and 11 days of creditable service and no lost time. The highest pay grade he held was E-4. He was assigned a code of RE-4.

The character reference statements submitted in support of the current application consist of the following:

•         In a letter dated 13 August 2002, a (Retired) Sergeant First Class and co-worker writes that he has known the applicant for the last nine years. He adds that the applicant has a great personality, is self-motivated, handles responsibility well, has leadership abilities and is a team player. He stated, that while the applicant worked at G & B, he started out in an entry-level position and quickly become a supervisor. He writes that is satisfying to be able to give the applicant his recommendation.

•         An undated letter of support from a (Retired) Staff Sergeant and co-worker stated that he has known the applicant for seven years. He adds it was a pleasure to work with him at “GNB Tech”. He stated that the applicant is knowledgeable, a hard worker, possesses leadership skills, became a lead man and a supervisor. He refers to the applicant as a good friend who is dedicated to taking care of his family.

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 unearned portions of any enlistment or reenlistment bonus will be recouped and that an RE-4 will be assigned and later reenlistment prohibited.

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. An RE-4 code applies to persons separated from their last period of service with a non-waivable disqualification. This includes anyone with a Department of the Army or locally imposed bar to reenlistment in effect at the time of separation.


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's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2. The type of discharge directed and the reasons, therefore, were appropriate considering all the facts of the case.

3. There appears to be no basis for removal or waiver of the disqualification, which established the basis for the RE code 4.

4. While the Board has taken cognizance of the applicant's prior service, his personal problems, and his good post-service conduct; none of these factors, either individually or in sum, provided a basis to grant the relief requested.

5. In view of the circumstances in this case, the assigned RE eligibility code was and still is appropriate.

6. 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.

7. 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

__MHM__ __WDP _ ___FCJ__ DENY APPLICATION

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

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INDEX

CASE ID	AR2003085887
SUFFIX
RECON
DATE BOARDED	2003.10.21
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19939491
DISCHARGE AUTHORITY	AR 635-200 CH 16
DISCHARGE REASON	BAR
BOARD DECISION	DENY
REVIEW AUTHORITY	DIRECTOR
ISSUES 1.	A100.0600
2.
3.
4.
5.
6.