MEMORANDUM OF CONSIDERATION


	IN THE CASE OF: 
	BOARD DATE:              22 July 1998                
	DOCKET NUMBER:      AC97-07405

	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.  The following members, a quorum, were present:




	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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 code be changed to allow him to enlist in the Army Reserve. 

APPLICANT STATES:  In effect, that he was in the process of reclassifying to another MOS; that his performance had improved; and that some of the records used for his discharge were incorrect.

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

On 5 October 1992 the applicant reenlisted in the Regular Army (RA) for 3 years at Fort Bragg, North Carolina.  At the time of his reenlistment the applicant had completed 7 years, 7 months, and 28 days of honorable active service and had attained the rank of sergeant/E-5.

The Calendar Year 1995 Master Sergeant Selection/Sergeant QMP Board reviewed the applicant’s Official Military Personnel File (OMPF) and determined that he would be barred from reenlistment under the Qualitative Management Program (QMP).  They identified four documents as the basis for the applicant’s selection for QMP.  Three of the four were Enlisted Evaluation Reports (EER’s) covering the periods:  June 1992 through May 1993; June 1993 through May 1994; and June through November 1994; and the fourth was a DA Form 2627 (Record of Proceedings under Article 15, UCMJ), dated 15 March 1984, for making a false official statement.  There is no evidence of record to show that the applicant ever questioned the validity of the documents cited as the basis for the QMP action; or that he ever attempted to appeal any of the enlisted evaluation reports in question, through the appropriate channels outlined in Army Regulation (AR) 623-205.

On 13 June 1995,  the applicant authenticated a statement with his signature and initials which indicated that he was notified by the appropriate authority of his Department of the Army (DA) imposed bar to reenlistment under the QMP.  This document also contained the applicant’s certification that he understood the options available to him; and his selected option not to appeal the QMP action.  He made this choice fully understanding that it would result in his separation within 90 days of his making this election. 

Accordingly, on 11 September 1995 the applicant was honorably discharged under the provisions of paragraph 16-8, AR 635-200 by reason of reduction in force and was assigned a reentry (RE) code of 4.  At the time of his discharge the applicant had completed 12 years, 7 months, and 5 days of active military service.

Pertinent 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.  AR 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the United States Army Reserve (USAR).  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.  RE code 4 applies to individuals separated from the last period of service with a nonwaiverable disqualification and who are ineligible for enlistment.

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.

AR 601-210 provides, in pertinent part, that persons separated from the last period of service with a nonwaiverable disqualification, which includes individuals being separated with a DA bar to reenlistment in effect, are ineligible 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.  The Board noted the applicant’s contentions that he was in the process of reclassifying to a new MOS; that his performance had improved; and that some of the records used for his discharge were incorrect.  However, the evidence of record shows that the applicant, after being advised of his options, elected not to appeal the QMP action.  The applicant’s 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 applicant’s rights. 

2.  In the absence of conclusive evidence to the contrary, the actions taken under the QMP were appropriate and proper.  The applicant was discharged and assigned an RE code in accordance with regulations in effect at the time.  There is no basis for removal or waiver of that disqualification which established the basis for the RE code.  In view of the circumstances in this case, the assigned RE code was and still is appropriate.

3.  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.

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

________  ________  ________  DENY APPLICATION




						Loren G. Harrell
						Director