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Decision Text

ARMY | BCMR | CY1995 | 9511399C070209
Original file (9511399C070209.TXT) Auto-classification: Approved
2.  The applicant requests correction of his military records by changing his reentry eligibility (RE) code of 
RE-4 to RE-3.

3.  The applicant states, in effect, that he would like to enter the National Guard, but he can’t until his reentry code is changed.

4.  He was born on 1 October 1955.  He served in the Army National Guard from 1 November 1980 through 1 October 1982. On 22 February 1984, he enlisted in the U.S. Army Reserve Delayed Entry Program for 6 years.  On 20 March 1984, he enlisted in the Regular Army for 3 years.  He remained on active duty through subsequent reenlistments until his discharge on 1 June 1993.

5.  He received nonjudicial punishment under Article 15, Uniform Code of Military Justice, on 8 January and 8 April 1993 for failure to go at the time prescribed to his appointed place of duty on three occasions.  His imposed punishments included reduction from pay grade E-5 to pay grade E-4, a forfeiture of $631 pay per month for 2 months (suspended), restriction, and extra duty.

6.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates that he was honorably discharged on 1 June 1993, in pay grade E-4, under Army Regulation 635-200, paragraph 16-8 (qualitative retention program), separation code “JCC,” with a reentry code of 
RE-4. He had completed a total of 9 years, 9 months, and 27 days active military service.  He received numerous decorations and awards to include the Army Achievement Medal with one oak leaf cluster.  He received $7,378.02 in separation pay.

7.  A staff member of the Board was informally advised by the authorities at the U.S. Army Enlisted Records and Evaluation Center that the applicant did not receive a Headquarters, Department of the Army, bar to reenlistment under the Qualitative Management Program.


8.  A staff member of the Board was informally advised by the authorities at the U.S. Total Army Personnel Command, that, based on the applicant’s available records and the fact that he received a separation code of “JCC,” he should have received a reentry code of RE-3, and the narrative reason for separation should have been “reduction in force.” Based on his pay grade and years of active military service, he exceeds the retention control point and requires a waiver in order to enlist.  (Note:  The retention control point for pay grade E-4 is 8 years and the retention control point for pay grade E-5 is 13 years.)

9.  The reentry code of RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  The reentry code of RE-4 applies to persons separated from their last period of service with a nonwaivable disqualification.

CONCLUSIONS:

1.  The applicant’s DD Form 214 was erroneously annotated with the reentry code of RE-4 and erroneously showed the narrative reason for separation as “qualitative retention program.”

2.  Based on the evidence of record, he should have been assigned a reentry code of RE-3 and his narrative reason for separation should be “reduction in force.”

3.  In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was discharged on 1 June 1993 by reason of “reduction in force,” with a reentry code of RE-3.


BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

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