APPLICANT REQUESTS: Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.
APPLICANT STATES: In effect, that he would like his reentry code changed so that he could enter the United States Army National Guard.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 26 August 1956. He completed 12 years of formal education. On 2 August 1979, he enlisted into the Regular Army for 4 years. He completed the required training and was awarded military occupational specialty 63T10 (Bradley Systems Mechanic Supervisor). His service thereafter was continuous through reenlistment and extension. The highest grade he achieved was pay grade E-6.
On 7 October 1986, the applicant failed to achieve course standards in the Primary Leadership Development Course (PLDC). He failed to pass the leadership examination and two retests (both preceded by counseling and remedial training).
The applicant received two negative Noncommissioned Officers Evaluation Reports (NCOERs) for the rating periods of 8907-9006 and 9305-9308. The latter NCOER was a Relief for Cause Report. The applicant did not appeal the reports.
The Calendar Year 1994, Sergeant First Class Selection Board, reviewed the applicants Official Military Personnel File (OMPF) and determined that he would be barred from reenlistment under the Qualitative Management Program (QMP). The board identified two NCOERs (8907-9006 and 9305-9308) in the applicants OMPF as the indicating efficiencies and weaknesses as the basis for the bar to reenlistment.
On 2 August 1994, the applicant was notified of the HQDA bar to reenlistment. He was advised of his rights. The applicant chose not to appeal the bar to reenlistment, but requested that he be discharged within 90 days from notification.
On 3 January 1995, the applicant was discharged, in pay grade E-6, under the provisions of Army Regulation 635-200, paragraph 16-5, (Qualitative Retention Program) with an honorable discharge. He had completed 15 years, 5 months and 2 days of creditable active service. He was awarded the Army Commendation Medal, the Army Achievement Medal (sixth award), the Army Good Conduct Medal (fourth award), the National Defense Service Medal, the Army Service Ribbon and the Overseas Service Ribbon (third award). He was given a reentry code of RE-4.
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 nonprogressive 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.
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.
Army Regulation 601-280, provides that when a DA bar to reenlistment has been imposed, RE-4 will be the reentry code shown on the individuals DD Form 214. It is a nonwaivable disqualification, and the individual is not eligible for reenlistment.
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. 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 the aforementioned requirement.
2. The applicants DA imposed bar to reenlistment was accomplished in compliance with applicable regulations, with no indication of procedural errors which would tend to significantly jeopardize the applicants rights.
3. The applicant was discharged and assigned a reentry code in accordance with regulations then in effect. There appears to be no basis for removal or waiver of that disqualification which established the basis for the reentry code.
4. In view of the circumstances in this case, the assigned reentry code was and still is appropriate.
5. In view of the foregoing, there is no basis for granting the applicants 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
DENY APPLICATION
Karl F. Schneider
Acting Director
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