| Mr. Carl W. S. Chun | Director | |
| Ms. Rosa M. Chandler | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Ms. Karen Y. Fletcher | Member |
APPLICANT REQUESTS: That Item 26 (Separation Code), Item 27 (Reentry Code) and Item 28 (Narrative Reason for Separation) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to allow him to reenlist.
APPLICANT STATES: That in accordance with "Message 070001Z, January 1992," his separation was voluntary. The applicant submits in support of his request a copy of his DD Form 214; a copy of a DA Form 4187 (Personnel Action), dated 5 February 1992; copies of parts 1-3 of MILPER Message 222100Z December 1991 and MILPER Message P202100Z December 1991, all with subject: Voluntary Incentive Program to Support Army Draw-Down; Orders 107-18, Headquarters III Corps, Fort Hood, Texas, dated 2 June 1992; and an Endorsement to Orders 107-18, dated 4 June 1992. It is noted that the applicant did not provide a copy of message 070001Z January 1992 that he references above.
EVIDENCE OF RECORD: The applicant's military records show:
On 1 November 1988, the applicant enlisted in the Delayed Entry Program (DEP). On 10 November 1988, he was discharged from the DEP and he reenlisted in the RA for 4 years, for military occupational specialty (MOS) 52D (Power Generation Equipment Repairer) and for pay grade E-4 with a date of rank of 10 November 1988.
On 21 November 1989, nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), was imposed against the applicant for operating a privately owned vehicle while drunk on 20 October 1989. His punishment included reduction from pay grade E-4 to pay grade E-2, forfeiture of $390.00 pay per month for 2 months (both suspended until 21 May 1990) and 45 days of extra duty. This was the applicant's second drunk driving offense. During his previous period of active military service, he was reduced in rank for the same offense.
An RE code of RE-4 and a separation program designator (SPD) code of "JCC" applies to those individuals discharged under the provisions of chapter 16-8, Army Regulation 635-200, as a result of the Qualitative Retention Program, due to reduction in force. An RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.
The Retention Control Point (RCP) is basically an "up or out" measure. Each rank in the Army has a RCP. A soldier holding a certain rank can't exceed the RCP for that rank, by more than 29 days. They must be promoted or selected for promotion for the next higher grade prior to reaching their current rank RCP or they will be involuntarily separated. As a part of the overall drawdown of Army end strength in 1992, the RCP for E-4 and below was reduced from 13 years to 8 years.
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 this requirement.
2. The applicant applied for SSB and was approved for it by his chain of command; however, by law, he was not entitled to this incentive because he did not meet the criteria of having served at least 5 years of continuous active duty immediately preceding the date of his separation.
3. Although the applicant's records do not contain his separation packet, his DD Form 214 shows that he was involuntarily separated under the provisions of chapter 16-8, Army Regulation 635-200, as a result of the Qualitative Retention Program, and that he was given full separation pay. Based upon the stated separation authority and narrative reason for separation, his separation code and reentry code are correct.
4. At the time of separation, the applicant was an E-4 with more than 13 years of active military service. Therefore, his RCP exceeded his rank and he would have been involuntarily separated. He would not have qualified for voluntary separation with the SSB incentive.
5. The applicant's separation was accomplished in compliance with applicable laws and regulations in effect at the time with no indication of procedural errors, which would have jeopardized his rights.
6. The applicant has provided this Board with no evidence that supports a basis for removal of his current SPD code, his RE code or his narrative reason for separation. He was released and assigned a separation code and a narrative reason for separation in accordance with regulations then in effect.
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
__rvo__ __rjw___ __kyf___ DENY APPLICATION
| CASE ID | AR2002068162 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020926 |
| TYPE OF DISCHARGE | (HD) |
| DATE OF DISCHARGE | 19920810 |
| DISCHARGE AUTHORITY | AR635-200 |
| DISCHARGE REASON | A05.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.0500 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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