RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2005
      DOCKET NUMBER:  AR20050000340


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. W. W. Osborn, Jr.             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his reentry eligibility (RE)
code be changed to a better one.

2.  The applicant states that, after learning the impact of this RE code,
feels it must be in error.  He had maintained standards of good conduct and
performance.  With the country now at war, he would like to do his part as
a citizen and as a Soldier.  He has progressed to the rank of sergeant
first class, but some positions in the Army National Guard require a better
RE code.

3.  The applicant provides copies his DD Form 214 (Certificate of Release
or Discharge from Active Duty ) and service record documents from his
active duty service, his current Army National Guard service and a letter
of support from his executive officer and a 2002 photograph.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted and entered active
duty on 8 October 1980.  He completed basic combat and advanced individual
training and was awarded military occupational specialty (MOS) 31K as a
combat signaler.

2.  He served on continuous active duty and, notwithstanding a 19 December
1983 nonjudicial punishment (NJP) under Article 15 Uniform Code of Military
Justice for willful disobedience of and disrespect to a commissioned
officer, he progressed to the rank of sergeant (E-5) with a date of rank of
6 June 1986.  He received a memorandum of reprimand from a general officer
(GOMOR) on 2 November 1998 for driving while intoxicated.  After
appropriate processing, it was filed in the performance portion of his
Official Military Personnel File (OMPF)

3.  A 1 November 1991 memorandum informed the applicant that a Department
of the Army bar to reenlistment had been imposed under the Qualitative
Management Program (QMP).  The NJP and GOMOR were cited as derogatory
information.  The applicant was informed of the appropriate appeals
procedure.

4.  The documentation of the appeal, if any, is not contained in the
available records.  He was discharged on 16 March 1992 with an honorable
characterization of service and assigned a reentry eligibility code of RE-
4.  His awards included the Army Commendation Medal, the Army Achievement
Medal (5th award), and the Army Good Conduct Medal (3rd award).

5.  In January 1997 he received a waiver and enlisted in the Maryland Army
National Guard and he is now serving as a SFC (E-7).

6.  On 5 January 2005 the Army Discharge Review Board considered and denied
the applicant's request to change the reason and authority for the
discharge.

7.  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 nonprogressing 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 subprogram.  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.

8.  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.

9.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) paragraph 3-22c states, in pertinent part, RE-4 applies to persons
separated from last period of service with a non-waivable disqualification.
 This includes anyone with a Department of the Army imposed bar to
reenlistment in effect at time of separation.


10.  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 16-8 provides for the early
separation of Soldiers due to reduction in force, strength limitations, or
budgetary constraints.  It states, in pertinent part, that Soldiers may be
separated prior to expiration of enlistment when authorization limitations,
strength restrictions, or budgetary constraints require the Regular Army
active duty enlisted force to be reduced in number.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to show a reentry eligibility (RE) code which
would allow reenlistment is, in effect, a request for removal or waiver of
those disqualifications which preclude reenlistment.

2.  There appears to be no basis for removal or waiver of those
disqualifications which established the basis for the reentry eligibility
code.

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

4.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MJF __  __LGH__  __JNS___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  __       John N. Slone__________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050000340                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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