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ARMY | BCMR | CY2001 | 2001065842C070421
Original file (2001065842C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 2 May 2002
         DOCKET NUMBER: AR2001065842

         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. Joyce A. Hall Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Walter T. Morrison Member
Mr. Christopher J. Prosser 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, 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 his reentry code should read RE-3 instead of RE-4. His service in the military has been outstanding. He has never any nonjudicial punishments. He had only one “not so good” NCO Evaluation Report (NCOER).

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

He enlisted in the Regular Army on 31 January 1984, for 3 years. He completed the required training and was awarded military occupational specialty 92A20
(Automated Logistics Specialist). His service thereafter was continuous through reenlistment and extension. The highest pay grade he achieved was pay grade
E-5.

On 2 May 1995, he was notified that a bar to reenlistment was imposed against him under the Qualitative Management Program (QMP). The QMP was based on the applicant’s performance and future potential for retention. The particulars concerning the imposed bar are missing from the applicant’s record.

On 29 June 1995, the applicant signed the appropriate form, which stated that he understood that he would be separated within 90 days. He was advised of his rights and of the rights available to him. He did not submit an appeal.

On 1 September 1995, he was honorably discharged under the provisions of paragraph 16-8, Army Regulation 635-200 by reason of a reduction strength-qualitative early transition program. He completed 11 years, 7 months and 1 day of creditable active service. He was assigned RE code 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 performance 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.

E-5 through E-9 are regularly screened by the DA promotion selection boards. The appropriate selection boards evaluate past performance 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.

Army Regulation 635-200, provides that when a DA bar to reenlistment has been imposed, RE-4 will be the reentry code shown on the individual’s DD Form 214. It is a non-waivable disqualification, and the individual is not eligible for 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.

RE-4 applies to individuals separated from the last period of service with a nonwaivable disqualification and are ineligible for enlistment.

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 QMP is an administrative measure by which the DA is able to maintain the quality of its career enlisted force and is based on the premise that reenlistment is a privilege for those soldiers whose overall performance and potential for advancement meet Army standards. The applicant’s military records were screened by the 1995 Master Sergeant Selection/Sergeant QMP Board and he was properly identified for a DA bar to reenlistment under the QMP in accordance with AR 601-280.

3. The QMP action was based on the applicant’s overall rating from all NCOER’s, and not the bad one as he stated.


4. The applicant’s DA imposed bar to reenlistment was accomplished in compliance with applicable regulations, with no indication or procedural errors, which would tend to significantly jeopardize the applicant’s rights.

5. The Deputy Chief of Staff for Personnel has ruled in similar cases that RE-4 has been the proper RE code for a soldier discharged, either voluntarily or involuntarily, with a QMP bar to reenlistment in place.

6. The applicant was discharge 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.

7. 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

__fne___ __wtm___ __cjp___ DENY APPLICATION



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




INDEX

CASE ID AR2001065842
SUFFIX
RECON
DATE BOARDED 20020502
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 100.0300
2.
3.
4.
5.
6.


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