| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Joann Langston | Chairperson | |
| Mr. John N. Slone | Member | |
| Mr. Terry L. Placek | Member |
APPLICANT REQUESTS: 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: That whatever mistakes he made were insignificant compared to his entire active duty performance. His Ranger and Special Forces qualifications would be of great service to the country now. He provides his Certificate of Release or Discharge from Active Duty, DD Form 214, as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 21 October 1987. He was promoted to Staff Sergeant, E-6 on 1 October 1993. He completed the Special Forces Engineer Sergeant course in 1995.
On 5 June 1996, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for failing to go to his appointed place of duty, to wit: Wing Chun hand-to-hand training, on eleven occasions and for making a false statement with intent to deceive that he only missed two classes of the training. His punishment was a reduction to Sergeant, E-5, a forfeiture of $616.00, and extra duty for 45 days.
On 14 January 1997, the applicant reenlisted for 5 years.
On 1 February 1998, the applicant was promoted to Staff Sergeant.
On 5 May 1999, the applicant received a general officer memorandum of reprimand (GOMOR) for driving a motor vehicle while intoxicated. He read and understood the unfavorable information presented to him on 25 May 1999 and elected not to submit matters in his own behalf. On 1 November 1999, the GOMOR was directed to be filed in his official military personnel file.
On 31 August 2000, the applicant was notified that he had been selected to be barred from reenlistment under the Headquarters, Department of the Army (HQDA) Qualitative Management Program (QMP). The Article 15 and the GOMOR were cited as the documents which were the basis for the bar. Apparently, the applicant did not appeal the bar. He apparently requested early separation.
On 21 December 2000, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 16-5a, non-retention on active duty, in pay grade E-6, after completing 13 years, 2 months, and 1 day of creditable active service with no lost time. He was given a separation program designator code (SPD) of KGH (non-retention on active duty) and a reentry (RE) code of 4.
Army Regulation 635-200 governs separation of enlisted personnel. Paragraph
16-5a states that a soldier who perceives that he or she will be unable to overcome a HQDA bar to reenlistment will be discharged upon their request.
At the time, Army Regulation 601-280, chapter 10, 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 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.
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 U.S. 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.
Army Regulation 635-5-1, the Separation Program Designator Code (SPD)/Reentry (RE) Code Cross-Reference Table, states that when the SPD is KGH then either RE 3 or 4 will be given. However, RE code 4 will be given when soldiers are discharged under the QMP.
RE code 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.
Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria. They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program.
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. In view of the fact that HQDA denied the applicant’s request to reenlist, the assigned RE code of 4 was and still is appropriate.
3. The applicant makes a valid point concerning his past experience; however, the Board will not make a decision to arbitrarily allow him to reenlist. Enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver. Considering his experience, he may request recruiting officials process his request even though he now has a nonwaivable disqualification.
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
__jl____ __jns___ __tlp___ DENY APPLICATION
| CASE ID | AR2002068819 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020509 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY1996 | 9609758C070209
He was given a separation code of KGH, and a reentry code of 3. He had completed a total of 9 years, 1 month, and 26 days active military service, and 2 years, 8 months, and 21 days inactive military service. Soldiers whose continued service is not warranted receive a QMP bar to reenlistment. Based on the applicants selection of Option 2 when he was notified of the DA bar to reenlistment, he should have been involuntarily discharged under Army Regulation 635-200, paragraph 16-8...
ARMY | BCMR | CY2009 | 20090013927
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. The applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 16-8, by reason of a reduction in force on 27 December 1995 with a separation program designator (SPD) code of JCC. Further, the record does not contain and the applicant has not...
ARMY | BCMR | CY2010 | 20100028931
Army Regulation 601-280 (Army Retention Program) paragraph 10-5 governs screening procedures and states, in pertinent part, that appropriate Department of the Army Selection Boards will review the performance portion of the OMPF, the DA Form 2A (Personnel Qualification Record Part-I) and DA Form 2-1 (Personnel Qualification Record Part-II), and other authorized documents. The general considered the applicants response and the recommendations of his chain of command and elected to file the...
ARMY | BCMR | CY2010 | 20100009815
The applicant provides through his Senate representative: * a self-authored letter, dated 3 January 2010 * a letter addressed to him regarding a potentially negative efficiency report for the period 8806-8902, dated 1 December 1989 * U.S. Army Enlisted Records and Evaluation Center (EREC), Fort Benjamin Harrison, IN, memorandum, subject: DA-Imposed Bar to Reenlistment Under the Qualitative Management Program (QMP), dated 15 December 1989 * his company commander's letter of recommendation for...
ARMY | BCMR | CY2011 | 20110002148
It further allowed Soldiers who perceived that they will be unable to overcome a Headquarters, Department of the Army (HQDA) bar to reenlistment to be discharged upon their request and stated that these Soldiers could request discharge at any time after receipt of the HQDA bar to reenlistment from unit commanders or upon notification that an appeal of the bar to reenlistment was disapproved. The SPD/RE Code Cross Reference Table in effect at the time establishes that RE-2B will normally be...
ARMY | BCMR | CY2010 | 20100024728
Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty. The evidence of record shows that the applicants records were considered by a QMP and that he was not selected for continued service. The RE code of 4 was the appropriate code for the applicant based on the guidance provided in applicable regulation for Soldiers separating under the QMP.
ARMY | BCMR | CY2002 | 2002079217C070215
Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. 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. It notes that "JCC" is the appropriate SPD for individuals separated upon completion of an enlistment contract but who are "ineligible for, barred from, or otherwise denied reenlistment."
ARMY | BCMR | CY2002 | 2002074503C070403
Army Regulation 635-200, chapter 16, Paragraph 16-5a(1) provided the authority for soldiers who perceived that they would not be able to overcome an HQDA-Imposed Bar to Reenlistment to be discharged anytime after receipt of the HQDA bar to reenlistment or notification that the bar to reenlistment appeal had been disapproved. Pertinent Army regulations provide that before discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the...
ARMY | BCMR | CY2005 | 20050000340C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 December 2005 DOCKET NUMBER: AR20050000340 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. A 1 November 1991 memorandum informed the applicant that a Department of the Army...
ARMY | BCMR | CY1996 | 9609758aC070209
On 20 August 1987, he enlisted in the Regular Army, in pay grade E-4, for 3 years. He indicated that he would not appeal the bar to reenlistment. On 11 August 1993, the commander indicated that he would not submit a separate appeal on behalf of the applicant.