ABCMR Memorandum of                                                             AR2002082772
Consideration (cont)

MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 July 2003
	DOCKET NUMBER:   AR2002082772

	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
| Mrs. Carolyn G. Wade | | Analyst

  The following members, a quorum, were present:

| Ms. Margaret K. Patterson | | Chairperson
| Mr. Walter T. Morrison | | Member
| Mr. Thomas E. O'Shaughnessy, Jr. | | 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)

APPLICANT REQUESTS:  In effect, that his reentry (RE) code and his Separation Program Designator (SPD) Code be corrected.

APPLICANT STATES:  That he served 12 years and 9 months and never received any nonjudicial punishment under the provision of Article 15, or any other disciplinary actions while in the military.  In support of his application, he submits:  a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a letter from the North Carolina Department of Administration; and a copy of his DA Form 20 (Personnel Qualification Record).

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

He enlisted in the Regular Army on 25 May 1979 for a period of 4 years.  Following completion of all military training, the applicant was awarded military occupational specialty (MOS) 11B, Infantryman.  

The applicant continued to serve through a series of continuous reenlistments until he was identified for a Department of the Army (DA) bar to reenlistment under the Qualitative Management Program, or QMP (Army Regulation 601-280).

On 14 January 1992, the applicant was provided a statement of options along with his DA Bar notification.  On the same date, he elected option number 2, which stated he would not submit an appeal and that he understood that he would be separated within 90 days of the date of the option statement under the provision of Army Regulation 635-200, paragraph 16-8.

On 21 January 1992, a request for separation orders was submitted to the Chief, Transition Point.  The request indicated that the applicant had been identified for separation under the QMP.  It also indicated that he would be separated under the provisions of Army Regulation 635-200, chapter 16, paragraph 16-8 with a characterization of service as honorable, narrative reason for separation as "Reduction in Authorized Strength-Qualitative Early Transition Program," RE code of RE-4, and SPD code of JCC. 

The appropriate authority approved the request.  Accordingly, on 1 April 1992, the applicant was honorably discharged from active duty after completing 12 years, 10 months, and 7 days of creditable military service.  His DD Form 214 (Certificate of Release or Discharge From Active Duty) reflects " Reduction in Authorized Strength-Qualitative Early Transition Program " as the narrative reason for discharge, with a separation code of JCC, and an RE code of RE-4.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 16-8 provides, in part, when separation is because of a Reduction in Authorized Strength-Qualitative Early Transition Program, the service of the soldier separated per this paragraph will be characterized as honorable.  

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.  The regulation further states that RE-4 applies to persons separated from their last period of service with a nonwaivable disqualification and includes persons being separated with a DA bar to reenlistment in effect.

Army Regulation 635-5-1, Separation Program Designator (SPD) Codes, contains narrative reasons for discharge, the appropriate SPD codes for those narrative reasons, and a cross-reference to the applicable RE code.  Soldiers separated for the purpose of a DA bar to reenlistment are issued an RE code of RE-4.

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 that would tend to jeopardize his rights.  

2.  The Board carefully reviewed the applicant's records and determined that his RE code of RE-4 and his SPD code of JCC are the appropriate codes for his narrative reason for discharge.

3.  The applicant’s RE code and SPD code were correctly assigned in accordance with applicable regulations.  There is no basis for removal or waiver of the disqualification, which established the RE-4 code and the JCC SPD code.

4.  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

__mkp___  __wtm___  __teo___  DENY APPLICATION

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

INDEX

CASE ID | AR2002082772
SUFFIX |
RECON |
DATE BOARDED | 20030729
TYPE OF DISCHARGE | HD
DATE OF DISCHARGE | 19920401
DISCHARGE AUTHORITY | AR 635-200, Chap 16
DISCHARGE REASON |
BOARD DECISION | (DENY)
REVIEW AUTHORITY |
ISSUES         1. | 100.0300
2. |
3. |
4. |
5. |
6. |