MOUNTAIN POST LEGAL
BRIEF
A Preventive Law Service of The Office of the Staff Judge Advocate
Headquarters, Fort Carson
Keeping You Informed On Personal Legal Affairs
LOCAL BARS TO
REENLISTMENT
Consider these questions and answers to help you determine your rights under the Local Bar to Reenlistment
process.
Q: WHAT IS A LOCAL BAR TO REENLISTMENT?
A: A bar to reenlistment is the administrative tool commanders use to deny reenlistment to
soldiers they believe may be substandard. Army Regulation (AR) 601-280 sets forth policies and
procedures for the Army's retention and reenlistment program. The regulation provides that only
soldiers of "high moral character, personal competence, and demonstrated adaptability" to the
requirements of military service may reenlist. Accordingly, the regulation authorizes bars for
soldiers whose immediate separation is not warranted, but whose reenlistment is not in the best
interest of the Army. The focus is on service beyond ETS, not on forcing the soldier out prior to
ETS. Honorable service (the absence of misconduct) does not prevent a bar to reenlistment.
Q: WHAT ARE THE CRITERIA FOR IMPOSING A LOCAL BAR TO REENLISTMENT?
A: There are three criteria justifying initiation of a Bar to Reenlistment. In accordance with AR
601-280, bars are appropriate for soldiers who are: 1) untrainable; 2) unsuitable; or 3) unable to
enact a family care plan. “Untrainable” simply means the soldier has, despite repeated attempts,
failed to meet minimum professional standards. Inability to perform basic tasks associated with
their MOS, repeated failure of the Army Physical Fitness Test, or repeated failure to qualify with an
assigned weapon are all examples of untrainability. “Unsuitability” differs in that the focus is more
on attitude and motivation. The suitability focuses on whether the soldier presents proper military
bearing and whether the soldier refuses, or is otherwise unable, to adapt to the military lifestyle.
Questionable off-duty conduct not amounting to misconduct may justify a bar on this ground.
Finally, single soldiers with dependent family members, or dual military couples with dependents,
either of whom are unable to craft an acceptable family care plan, will be subject to a bar.
Q: WHAT ARE THE PROCEDURES FOR INITIATING A BAR TO REENLISTMENT?
A: Any commander in a soldier's chain of command may initiate a local bar. Normally, the
soldier's company-level commander initiates the action because that commander is most likely to
have direct contact with the soldier and be most aware of the soldier's successes and
shortcomings. A bar is initiated using DA Form 4126-R. Once the bar is initiated, the commander
will present it to the soldier. The soldier then has 7 days to submit a rebuttal statement. If the
commander determines the bar is still warranted, it will be forwarded up the chain of command for
approval or disapproval. For soldiers with less than 10 years of active Federal service, the first
commander in the rank of Lieutenant Colonel (usually the battalion-level commander) will approve,
or disapprove, the bar. For soldiers with 10 or more years of active Federal service, the approval
authority is the first General Officer in the soldier's chain of command or the commander with
authority to convene a general court-martial over the soldier. Any of these higher-level
MOUNTAIN POST LEGAL BRIEF is one of a series of informative handouts from the Fort Carson Legal Assistance Division
containing general information on topics that legal assistance attorneys frequently advise on. Information provided is
general in nature and does not constitute legal advice. Consult an attorney for specific legal advice for your particular
situation. You may schedule a legal assistance appointment by calling the Legal Assistance Division at 719-526-5572.
