Transcript 27TH TRANSPORTATION BATTALION (MC) 27TH TRANSPORTATION BATTALION (MC) 27TH TRANSPORTATION BATTALION (MC) DEPARTMENT OF THE ARMY th 27 TRANSPORTATION BATTALION (MC) APO AE 09096 AETV-SC-MC 4

27TH TRANSPORTATION BATTALION (MC)
27TH TRANSPORTATION BATTALION (MC)
27TH TRANSPORTATION BATTALION (MC)
DEPARTMENT OF THE ARMY
th
27 TRANSPORTATION BATTALION (MC)
APO AE 09096
AETV-SC-MC
4 November 1998
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: Battalion Policy Letter # 15, Bar to Reenlistment.
1. PURPOSE. This policy letter provides guidance for the selection and process of individual
Bar to Reenlistment Certificates within the Battalion.
2. INTENT. This policy letter outlines the Bar to Reenlistment selection process within the
Battalion in order to ensure all Army Regulations and policies are met and that individual soldiers
are held accountable to theses standards. Our soldiers must have defined guidance to rule out
perceived favoritism and streamline the varied interpretation of current Army regulations among
this command. This process will prepare the Chain of Command to meet all required
administrative actions as outlined in all applicable regulations.
3. METHOD. This policy provides guidance to ensure unit commanders understand the steps
involved and the reasons for completing a Bar to Reenlistment within a reasonable time. This
policy includes Bar to Reenlistment selection based on NCOES failure, APFT Failure,
Unsatisfactory Performance, and soldiers who decline NCOES schools. Personnel considered
for a Bar to Reenlistment will be processed through the below steps:
a) Rehabilitation:
Bars to Reenlistment are to be used as a rehabilitative tool
implemented when a soldier has showed undesirable tendencies but who also shows
potential for future military service. Bars to Reenlistment will not be used as a preliminary
for any separation action.
b) Identification: All soldiers will be continually evaluated under the whole soldier
concept as outlined in AR 601 - 280, Army Retention Program. Once identified this
rehabilitation tool will deny reenlistment to an enlisted soldier whose immediate
separation from service is not warranted but whose continued service is not in the best
interest of the US Army. It is also important to note that Bar to reenlistment will no longer
be used for soldiers in the rank of E6 and above w/10 or more years of active federal
service, a soldier in this category will be counseled and notified that if the problem
continues he/she will be separated IAW appropriate chapter actions. In addition, a SGT
W/10 or more years can still be barred and the approving authority/disapproving will be
the Commanding General. For soldier with less than 10 years active federal service the
approving/disapproving authority is the BN Commander. If the unit Commander
approves the Bar on a specific soldier he/she will prepare the initial Bar to Reenlistment
with all supportive documentation and submit the packet to their local Career Counselor
for review. Once reviewed the Commander will notify the soldier for the basis of the Bar
as outlined below.
AETV-SCT-MC (Continued)
SUBJECT: Battalion Policy Letter #15, Bar to Reenlistment.
c) Notification: Once the determination has been made to Bar the soldier the
Commander will complete part II of DA Form 4126-R , Bar to Reenlistment
Certificate. This part informs the soldier of the commanders recommendation to Bar
the individual and advises / counsels the soldier for the basis of the action. Once
advised the soldier has seven (7) days to submit a statement on their behalf. Upon
the completion of seven days the packet will be forwarded to the Battalion
Commander who will review the Bar Packet. If approved the Bar will be sent back
down to the Company or MCT Commander
who will complete part IV – Counseling. Part IV consists of individual counseling
which outlines whether the Bar was approved by the Battalion Commander, and
further explains
the appeal process. Bar packets will include but not be limited to the following as a
minimum:
1) DA Form 4856 (Counseling) Completed by the Company Commander–
notification of Bar to Reenlistment Certificate and basis for the action.
(include separation caution statement at bottom).
2) DA Form 4126-R (Bar Certificate) Completed by the Company
Commander and reviewed by the local Career Counselor.
3) Supportive documentation to include all relative administrative /
rehabilitative counseling, as well as legal documentation and support
statements.
4) Soldiers statement on his/her behalf (if elected)
5) DA Form 2-1
6) DA Form 2A
d) SPECIAL CIRCUMSTANCES:
1) APFT Failures: After the second APFT “for Record” failure the
Commander has the option to either separate from service or impose a
local Bar to reenlistment. If the Bar is the chosen method the Bar will
remain for the 6 month period (see Bar Review Part “C” below) or in
st
special cases go to the soldiers ETS Date (1 Term soldiers only).
2) NCOES Failures: Personnel who attend a NCOES school and are
returned for Overweight failure, repetitive academic failure or APFT
failure will have a locally imposed Bar to Reenlistment initiated against
them.
3) Permanent Change of Station PCS : For soldiers who (as an
example) fail the APFT “for record” test and then obtain a profile and
are currently on orders may have a locally imposed Bar placed on them.
This Bar will be processed with the soldier as a transferred Bar to their
gaining unit. ( A Bar will not hold the soldier past their DEROS date).
4) Inadequate Family Care Plan : 30 days after the soldier has been
counseled by the Company or MCT Commander and is found to be
delinquent in their Family Care Plan will be Barred from Reenlistment.
Upon the second counseling (60 days) the Company or MCT
Commander will determine whether to retain the Bar or separate the
soldier from service if the FCP is still in a delinquent state. Should there
exist mitigating or extenuating circumstances that prevents the
completion of the FCP, the Company or MCT Commander can extend
the time until the end of the first Bar review period. Soldiers who have
fully functional FCP and are suddenly unable to deploy to the field or to a
operational deployment will be Barred from Reenlistment.
AETV-SCT-MC (Continued)
SUBJECT: Battalion Policy Letter #15, Bar to Reenlistment.
5) Soldier request for Separation : In the past Soldiers used to
be able to request a chapter claiming failure to overcome a bar and
receive severance pay. This is no longer possible. The bar is a
rehabilitation tool and it should be documented while the soldier is
barred what means are taken to correct the problem.
c) BAR REVIEWS: Once the Bar to Reenlistment is approved the soldier will
have the Bar packet reviewed every 90 days (the first review is to be conducted 90
calendar days from the approval date) The second is to be completed 180 calendar
days from the approval date. At the end of the second review the bar will either be
lifted and or the soldier has to be processed for a chapter. The Battalion
Commander will then review the Commanders decision and determine disposition.
Should a soldier wish to appeal the Cdr can grant a 30 day extention in writing the
appeal. (note: recently Commanders have been given the option to retain the
soldier to his/her ETS as opposed to separation for first term soldiers). In addition it
is important to know that once the Bar is in place the Commander does not
necessarily have to wait for the 90 day Bar reviews to continue if the soldier shows
no improvement. In cases of gross behavior which require UCMJ action, immediate
separation in the best interest of the United States Army may require a rapid
movement toward separation regardless of the period or current review status of the
already imposed Bar to Reenlistment
d) Administration:
1) AR 600-8-2 (Suspension of Favorable Actions – FLAG): Once
identified the unit soldier will be Flagged for Adverse Action based on the Bar to
Reenlistment and informed of the prohibitions of the flag in a counseling session as
outlined below:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
Appointment, Reappointment, Reenlistment and Extention.
Reassignment.
Promotion or Reevaluation for Promotion.
Awards and Decorations.
Attendance at Civil or Military Schools.
Unqualified reassignment or discharge.
Retirement.
Advanced or excess leave.
Payment of enlistment bonus, or elective reenlistment bonus.
Family member travel to an overseas command (when sponsor
is overseas.
k) Command sponsorship of family members in an overseas
command.
2) AR 600-8-19, w/Interim Change 1, Para 4-18. (Removal from a
Centralized Promotion List):
a) Administrative Removal. Commanders will promptly
forward documentation to CDR, PERSCOM, pertaining to
soldiers on a HQDA recommended list that are barred from
reenlistment during current enlistment. HQDA will determine
whether soldiers were recommended erroneously.
AETV-SCT-MC (Continued)
SUBJECT: Battalion Policy Letter #15, Bar to Reenlistment.
b. Command Initiated Removal. Commander may
recommend that a soldier be removed from a HQDA
recommended list at anytime. Removal recommendation will
be processed through the chain of command to the
GCMCA authority for endorsement and forwarding to HQDA.
Removal from a centralized promotion list will have farreaching effects on a soldier’s career; therefore, commanders
should evaluate the circumstances to ensure all other
appropriate actions have been taken. A local bar to
reenlistment is not automatic grounds for removal from a
centralized promotion list. Ultimately, HQDA will make the final
decision on removal based on results from the DA Standby
Advisory Board. Further guidance may be found in AR 600-819 w/Interim change.
3) Separation:
a) (UPDATE # 16, AR 635-200 – UP Chap #13 –
Unsatisfactory Performance: Unit soldiers unable to
achieve rehabilitation through the use of the Bar to
Reenlistment will be eliminated from service IAW AR-635-200
Chapter 13. This chapter is more lenient that a Chapter #14 –
Misconduct, allows the Battalion Commander the option to
impose a better separation package for good soldiers who are
just unable to achieve Army standards. Elements of this
package include the Battalion Commander’s option to:
1) Transfer the soldier to the IRR.
2) Grant a Honorable Discharge
3) Grant a Under Honorable Conditions Discharge
b) (UPDATE # 16, AR 635-200 – UP Chap #14 –
Misconduct:
Unit soldiers who are able but unwilling to achieve rehabilitation
through the use of the Bar to Reenlistment and are a constant
misconduct problem will be eliminated from service IAW AR635-200 Chapter 14. This chapter is more stringent than that of
a Chapter #13 – Unsatisfactory Performance, allows the
MACOM Commander the option to impose a stiffer separation
package for soldiers who are just unwilling to achieve Army
standards and are a source of misconduct. Elements of this
package include options to:
1) Grant a Under Other than Honorable Discharge
2) Grant a General Discharge
4. CONCEPT. Standards established by this policy letter are in accordance with DA
published regulation and are to be used as a guide to properly process soldiers who
have difficulty meeting Army standards. Policy procedures will be used as a form of
rehabilitation to assist individual soldiers who are in need of more stringent measures for
compliance with Army regulation and policy.
BRIAN F. WATERS
LTC, TC
Commanding
27TH TRANSPORTATION BATTALION (MC)
STEP BY STEP
27TH TRANSPORTATION BATTALION (MC)
BAR TO REENLISTMENT PROCEDURES
(REFERENCE: AR 601-280, Chapter 8)
1. Documentation is collected in support of the bar to reenlistment.
2. Bar to Reenlistment Certificate (DA Form 4126-R) is prepared. (DA Forms 2A , 2-1
& supporting documentation are attached) ***Bar sent to Retention NCO for review.
3. Once Retention approves the Bar. Flag is prepared (DA Form 268): “Adverse action
pending Bar to Reenlistment”. Flag must be forwarded to the PSC for filing in the
MPRJ. (See AR 600-8-2).
4. The initiating commander reads the certificate to the soldier; soldier signs the DA
Form 4126-R, acknowledging receipt (See AR 600-37). Soldier receives a copy of the
certificate.
5. The soldier is given 7 days to prepare a rebuttal statement if desired. If soldier does
not desire to submit a statement, the Bar will continue processing immediately.
6. Annotate the DA Form 4591 (Retention Data Worksheet) with the date and reason the
bar is being submitted.
7. The soldier gives his/her statement to the initiating commander, if making statement.
8. All commanders endorse the bar to the approval authority.
9. Any commander can disapprove. If disapproved, return to the initiating commander.
10. The bar is approved.
11. The flag is lifted.
12. An AEA Code of “C” is submitted when applicable. (See AR 614-200, Paragraph 3-8).
13. The Career Counselor submits an Immediate Reenlistment Prohibition Code (ERUP)
of 9K. (See AR 680-29).
14. The bar is endorsed to the unit commander.
15. Unit commander advises the soldier on approval (See AR 600-37). The bar certificate
is filed in the MPRJ.
16. Annotate the DA Form 4591 (Retention Data Worksheet) with approval date and the
9K (ERUP) code.
17. The soldier is allowed 7 days for appeal statement, if desired.
18. The soldier gives his/her appeal to the unit commander.
27TH TRANSPORTATION BATTALION (MC)
BAR TO REENLISTMENT PROCEDURES
CONTINUED
19. All commanders in the chain of command endorse to the appeal authority.
20. The appeal authority approves or disapproves the appeal.
21. The appeal is endorsed back to the unit commander.
22. The unit commander informs the soldier of the decision of the appeal authority.
23. Removal from a Semi-Centralized or Centralized Promotion List.
a. Removal from the Local Promotion Standing List (AR 600-8-19, Para 3-28).
1) Notify the soldier in writing of the removal action.
2) Commander request removal from promotion list.
3) If the soldier appeals the Bar to Reenlistment, he/she will not be removed until
the appeal process is completed and denied.
4) Once removed from the promotion list, action is final.
b. Removal from a Centralized Promotion List (AR 600-8-19, w/Interim Change 1,
Para 4-18).
1) Administrative Removal. Commanders will promptly forward documentation
to CDR, PERSCOM, pertaining to soldiers on a HQDA recommended list that
are, having, or have been barred from reenlistment during current enlistment.
HQDA will determine whether soldiers were recommended erroneously.
2) Command Initiated Removal. Commander may recommend that a soldier be
removed from a HQDA recommended list at anytime. Removal
recommendation will be processed through the chain of command to the
GCMCA authority for endorsement and forwarding to HQDA. Removal from
a centralized promotion list will have far-reaching effects on a soldier’s career;
therefore, commanders should evaluate the circumstances to ensure all other
appropriate actions have been taken. A local bar to reenlistment is not
automatic grounds for removal from a centralized promotion list. Ultimately,
HQDA will make the final decision on removal based on results from the DA
Standby Advisory Board. Further guidance may be found in AR 600-8-19
w/Interim IO1.
24. Approved bar is reviewed at least every 3 months from the date of imposition.
25. If bar is not recommended for removal at the second review (6 months), the unit
commander MUST initiate separation proceedings under the appropriate chapter (13,
14, etc).
26. Removal of the bar to reenlistment requires FULL documentation to show the soldier
has been rehabilitated.
Prepared by SFC(P) McKinnon, Sr. Career Counselor, Div Trps, 1ID, DSN 350-6132.
Reviewed by SGM Valenzuela, Cmd Career Counselor, 1ID, DSN 350-7381.
27TH TRANSPORTATION BATTALION (MC)
MARCH
CREDITS
HHC, MCT CDR FILLS OUT IN BLUE
BN CDR FILLS OUT IN GREEN
SOLDIER FILLS OUT IN RED
BAR TO REENLISTMENT CERTIFICATE
For use of this form, see AR 601-280, the proponent is DCSPER
THRU: (include ZIP Code)
TO: (include ZIP Code)
SGT JOHN JOE DOE
HHC, 27th Trans Bn
APO AE 09096
DATE
Current Date
FROM: (include ZIP Code)
Cdr, 27th Trans Bn
APO AE 09096
Cdr, HHC, 27th Trans Bn
APO AE 09096
SECTION 1 - COMMANDER’S RECOMMENDATION
Under the provisions of Chapter 6, AR 601-280, I recommend the soldier named below be barred from reenlistment in the
United States Army for the reasons indicated in item (s) 7 through 10 as may be applicable. Prior to submission of this
recommenmdation the soldier was counseled by the undersigned about his undesirable traits which are the basis for this
action. The soldier has been counseled and advised of the adverse consequences that may ensue from this or simular
action.
1. NAME (Last, First, Middle)
2. SSN
DOE, JOHN JOE
4. ETS
3. RANK
000-00-0000
5. DEROS
SGT
6. TOTAL ACTIVE SERVICE COMPUTED FROM BASD TO ETS
YRS
MOS
DAYS
7. RECORD OF COURT MARTIAL CONVICTIONS (indicate date adjudicated and approved, type, offense, sentence.)
*** LIST IF ANY…..IF NONE STATE “NONE” IN THIS BLOCK
8. RECORD OF NON-JUDICIAL PUNISHMENT (Article 15) (indicate date, article, specific offense, sentence.)
COMPANY GRADE - 981215 - ART # 92 -FAILURE TO OBEY ORDER - 14 DAY EXTRA DUTY
14 DAY RESTRICTION
FORFIETURE OF PAY 7 DAYS
9. RECORD OF NON-PAYMENT OF JUST DEBTS (indicate dates of letters of indebtedness, counseling, and results)
980714 - LETTER OF INDEBTEDNESS
980815 - RETURNED CHECK
980919 - GERMAN COURT SUMMONS
981001 - RETURNED CHECK
981112 - NOTIFICATION OF CLOSED BANK ACCOUNT
- AAFES
- TKS CABLE COMPANY
- UNPAYED TRAFFIC TICKET
- AAFES CAR RENTAL
- NATIONS BANK
10. OTHER FACTUAL AND RELEVENT INDICATORS OF UNTRAINABILITY OR UNSUITABILITY
980617 - LETTER OF REPRIMAND
980712 - COUNSELING STATEMENT
980801 - COUNSELING STATEMENT
981005 - COUNSELING STATEMENT
981215 - COUNSELING STATEMENT
-COMPANY COMMANDER
- INSUBORDINATION
- ABSENT FROM PLACE OF DUTY
- FAILURE TO REPAIR
- MISSING MOVEMENT
TYPED NAME, RANK AND BRANCH OF COMMANDER SIGNATURE
WESTPOINT, WENTTO
CPT, TC
DA FORM 4126 - R, MAY 88
WENTTO WESTPOINT
EDITION OF SEP 85 IS OBSOLETE
SECTION II - SOLDIERS REVIEW (Check and initial as Appropriate)
JJD
JJD
JJD
1. I have been furnished a copy of my Commander’s recommendation (Sec I) to bar me from further reenlistment.
2. I have been counseled and advised of the basis for this action.
JJD
3. I
do
do not desire to submit a statement on my behalf. (If applicable, Make statement - use
continuation sheet per AR 340-15, if required.)
See attached continuation statement (If applicable).
SIGNATURE
TYPED NAME, RANK, SSN
JOHN JOE DOE
DOE, JOHN JOE SGT 000-00-0000
DATE
Current Date
SECTION III - BATTALION OR NEXT HIGHER COMMAND
TO: (include ZIP Code)
FROM: (include ZIP Code)
Cdr, HHC, 27th Trans Bn
APO AE 09096
Cdr, 27th Trans Bn
APO AE 09096
I have reviewed Sections I and II and
Recommend the soldier be barred from reenlistment
The bar certificate is disapproved.
The bar certificate is approved. The unit commander will officially counsel the soldier in writing on the implications
on this actionand the soldiers rights to appeal. After counseling, one copy will be provided to thwe soldier and the
original will be forwarded to the servicing PSC for posting filing in the soldier’s MPRJ.
SIGNATURE OF OFFICER
TYPED NAME, RANK, AND BRANCH
NAILS, HARD AS
HARD AS NAILS
LTC, TC
DATE
Current Date
SECTION IV - COUNSELING
“Reflect Date Signed by BN CDR”
1. The Bar to Reenlistment initiated against you was approved on _______________________________________________.
2. You have the right to appeal the imposition ot the Bar to Reenlistment. If you elect to appeal you must submit the appeal within 7
days from today.
3. Check and initial the appropriate block to indicate your option:
I will appeal the Bar to Reenlistment
JJD
I will not appeal the Bar to Reenlistment
TYPED NAME AND RANK
DOE, JOHN JOE SGT
TYPED NAME AND RANK
WESTPOINT, WENTTO CPT
Reverse of DA Form 4126 - R, MAY 88
SIGNATURE OF SOLDIER
JOHN JOE DOE
SIGNATURE OF COMMANDER
WENTTO WESTPOINT
2
DATE
Current Date
DATE
Current Date