RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 April 2008
	DOCKET NUMBER:  AR20080001081 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 4 be changed.  

2.  The applicant states he is unable to enlist in the Army National Guard because of the RE-4.  He would like to change the RE-4 so that he may enlist in the Army National Guard.

3.  The applicant provides a copy of his separation document (DD Form 214) and a letter from the National Personnel Records Center dated 3 December 2007.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military personnel record shows he enlisted in the Regular Army on 2 March 1983.  He completed the necessary training and was awarded the military occupational specialty (MOS) 31U (Signal Support Systems Specialist).  His highest pay grade held was E-5.

3.  He served continuously on active duty until he was notified by a memorandum dated 16 April 1996, signed by his commander, that the CY96 Master Sergeant Selection/Sergeant Qualitative Management Program (QMP) Board, after a comprehensive review of his official military personnel file (OMPF), determined that he was to be barred from reenlistment.  The memorandum identified two documents as the basis for his bar to reenlistment:  Disqualification for award of the Good Conduct Medal (for being drunk and disorderly) and a DA Form 1059 (Service School Academic Evaluation Report) for reporting for duty under the influence of alcohol.

4.  The applicant's personnel records do not contain any document to show he submitted an appeal to the DA bar to reenlistment within 60 days of notification.

5.  On 21 September 1996, the applicant was discharged by reason of reduction in force.  He had completed 13 years, 6 months, and 20 days of Net Active Service This Period that was characterized as honorable.  He was assigned an RE code of RE-4.

6.  Army Regulation 635-200 (Personnel Separations) provides the basic authority for the separation of enlisted personnel.  Paragraph 16-8 of this regulation sets forth the requirements for early separation of enlisted personnel due to reduction in force, strength limitations, or budgetary constraints.  Soldiers separated under this paragraph will be characterized as honorable.

7.  Army Regulation 601-280 (Army Retention Program) paragraph 10-5 governs screening procedures and states, in pertinent part, that appropriate Department of the Army Selection Boards will review the performance portion of the OMPF, the DA Form 2A (Personnel Qualification Record Part-I) and DA Form 2-1 (Personnel Qualification Record Part-II), and other authorized documents.  From these documents, the board will evaluate past performance and estimate the potential of each service member to determine if continued service is warranted.

8.  Army Regulation 601-280, paragraph 10-8 provides that a Soldier may appeal the bar to reenlistment imposed under QMP based on improved performance and/or material error in the Soldier’s record when reviewed by the selection board.  The appeal must be submitted within 45 days of completion of the Statement of Option and will include substantive comments on the Soldier’s performance and potential by each member of the chain of command.  Paragraph 10-10 provides that the appeal is considered by the QMP Appeals Board normally conducted in conjunction with Centralized Enlisted Selection Boards.  The QMP Appeals Board will consider the Soldier’s potential for future service and promotion; review the Soldier’s complete record “de novo”; and notify the Soldier’s commander (lieutenant colonel or above) of the results of the appeal.

9.  Army Regulation 601-210, then in effect, covered eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve.  Chapter 3 of that regulation prescribed basic eligibility for prior service applicants for enlistment. That chapter included a list of armed forces RE codes.  



10.  Table 3-6 of Army Regulation 601-210, then in effect, provided that  
RE-4 applied to persons separated from last period of service with a non-waivable disqualification.  This includes persons being separated with a DA bar to reenlistment.  Paragraph 3-10, then in effect, provided that RE Codes may be changed only if they are determined to be administratively incorrect.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his RE code of RE-4 be changed so that he may reenlist into the Army National Guard.

2.  The Department of the Army Selection Board reviewed the performance portion of the applicant’s OMPF and other authorized documents to evaluate his past performance and to estimate his potential for continued service.

3.  The memorandum dated 16 April 1996, for the CY96 Master Sergeant Selection/Sergeant QMP Board listed the applicant’s disqualification for award of the Good Conduct Medal for being drunk and disorderly and a DA Form 1059 for reporting for duty under the influence of alcohol as the basis for his DA bar to reenlistment.  The applicant was properly notified of his DA bar to reenlistment and afforded the opportunity to appeal.  However, there is no evidence that he elected to appeal the DA bar.  

4.  Therefore, the applicant’s assignment of a RE code of RE-4 is administratively correct.  At the time of the applicant's discharge he had a DA bar to reenlistment in effect.  

5.  The ABCMR does not change records solely for the purpose of establishing eligibility for reenlist into the Army National Guard.

6.  In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.  









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x  __  __x__  __x       __  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.




      _______x  ________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080001081



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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