MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 23 April 2002
         DOCKET NUMBER: AR2001065732

         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. Karol A. Kennedy		Chairperson
Mr. Mark D. Manning		Member
Mr. Thomas Lanyi		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)

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APPLICANT REQUESTS: That his reentry eligibility (RE) code be changed from RE-4 to one that would allow him to reenter the Army.

APPLICANT STATES: In effect, that since his discharge from the Army, he has worked in law enforcement for 11 years, the Army National Guard, and is now currently serving in the United States Army Reserve (USAR). He states that his knee injury has healed and he is ready to reenlist in the active Army due to the current shortage of qualified noncommissioned officers (NCO). He also states that a recruiter advised him of the current shortage and that he is willing to repay his severance pay in order to do his part in supporting his country.

EVIDENCE OF RECORD: Information herein was obtained from the applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) and documents submitted by the applicant.

The applicant’s DD Form 214 shows that, with 6 years, 9 months and 4 days of prior active service, he reenlisted in the Regular Army on 3 April 1979 and served continuously until honorably separated on 7 December 1988 under the provisions of paragraph 4-24e(3), Army Regulation (AR) 635-200 (sic) by reason of physical disability with severance pay. The separation program designator (SPD) code was JFL and the RE code was RE-3 & 4. (NOTE: AR 635-40 is the appropriate regulatory cite for paragraph 4-24e(3)).

On 25 March 1991, the U.S. Army Enlistment Eligibility Activity, St. Louis, Missouri, advised the applicant that his DD Form 214 had been corrected to show RE-4 as the only RE code. He was advised that RE-4 was the appropriate code to indicate that the Department of the Army Screening/Selection Board had barred him from reenlistment under the provisions of the Qualitative Management Program (QMP). A DD Form 215 (Correction to DD Form 214) was enclosed for his use.

Chapter 4, Army Regulation (AR) 600-200, then in effect, set forth policy and prescribed 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 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, the DA promotion selection boards regularly screen records for grades E-5 through E-9. 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 United States 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. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification. This includes anyone with a DA-imposed bar to reenlistment in effect at the time of separation.

Army Regulation 635-5-1 states that SPD codes are three character alphabetic combinations, which identify reasons for, and type of separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of the reasons for separation. They are listed exclusively for the internal use of the Department of Defense and the military services to assist in the collection and analysis of separation data. It notes that JFL is the appropriate SPD code for individuals separated for physical disability with severance pay.

A “cross-reference” chart, provided by officials from the separations branch at the U.S. Total Army Personnel Command, confirms that RE-4 is the appropriate RE code for individuals who receive an SPD code of JFL and who are barred from 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. Although documents associated with the applicant’s separation were not available, the Board is convinced that the applicant was assigned the proper RE code in accordance with appropriate regulations, then in effect. The Board notes that the reentry code was assigned based on the fact that the applicant was barred from reenlistment under the QMP. RE-4 is and has been the proper RE code for a soldier discharged, either voluntarily or involuntarily, with a DA QMP bar to reenlistment in place.

2. Although the applicant was separated by reason of physical disability with severance pay, he was also barred from reenlistment under the QMP. Soldiers separated for physical disability are assigned an SPD code of “JFL” and are also assigned an RE code of RE-3. However, due to his bar to reenlistment, he was appropriately assigned an RE code of RE-4.

3. The Board noted the applicant’s contention that his knee injury has healed and that he has served in some very active jobs since his separation from the Regular Army. However, the applicant’s separation from service was based on his physical condition at the time of his discharge and not on his current condition. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed. Additionally, the applicant still has the underlying bar to reenlistment based on the QMP.

4. 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 this requirement.

5. 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

__KAK__ ___MDM_ ___TL ___ DENY APPLICATION

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

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INDEX

CASE ID	AR2001065732
SUFFIX
RECON
DATE BOARDED	20020423
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19881207
DISCHARGE AUTHORITY	AR 635-200, paragraph 4-24e(3)
DISCHARGE REASON	Physical disability with severance pay
BOARD DECISION	DENY
REVIEW AUTHORITY	Director
ISSUES 1.	100.0300
2.	100.0600
3.
4.
5.
6.