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ARMY | BCMR | CY2002 | 2002074689C070403
Original file (2002074689C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 12 December 2002
         DOCKET NUMBER: AR2002074689

         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
Ms. Joyce A. Wright Analyst


The following members, a quorum, were present:

Mr. Roger W. Able Chairperson
Mr. Bernard P. Ingold Member
Ms. Karen Y. Fletcher 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, that her Reentry (RE) Code of "4" be changed to a more favorable code.

APPLICANT STATES: That she received an honorable discharge with issuance of an RE code of "4"; however, her RE code prevents her from obtaining information in reference to the US Army Reserve or any other related service.
In support of her application, she submits a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty).

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

She enlisted on 4 September 1980 and remained on active duty through a series of reenlistments. She was promoted to the pay grade of E-5 effective 13 May 1986.

On 1 November 1991, the applicant was notified of her Headquarters Department of the Army (HQDA) bar to reenlistment under the Qualitative Management Program (QMP). The basis for the determination was two Noncommissioned Officer Evaluation Reports (NCOER) which indicated that she displayed weaknesses in performance and efficiency
and physical fitness/weight.

The applicant appealed the bar through her chain of command to the DA
Standby Advisory Board (STAB), which was denied on 16 June 1992. The
STAB stated that the past performance and estimated potential of the applicant were not in keeping with the standards expected of the NCO Corps and that
the bar would remain in effect.

The applicant was honorably discharged on 29 July 1992, under the provisions of Army Regulation 635-200, chapter 16-8, due to reduction in force. She had completed 12 years, 2 months, and 10 days of creditable service.

Item 27 (Reenlistment Code) of the applicant’s DD Form 214 shows the entry "4" and item 26 (Separation Code) shows the entry "JCC."

Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 16-8 of this regulation sets forth the requirements for early separation of enlisted personnel due to reduction in force, strength limitations, or budgetary constraints. The service of personnel separated under this paragraph will be characterized as honorable.





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 persons not qualified for continued service by virtue of being separated from the service with non-waivable disqualifications such as persons with a HQDA bar to reenlistment.

Army Regulation 635-5-1 states that separation program designator (SPD) codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data. 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."

A "cross-reference" chart, provided by officials from the separations branch at the U.S. Total Army Personnel Command, shows that generally an “RE-3” is the appropriate RE code for individuals who receive an SPD code of JCC. However, that same chart shows that individuals discharged under QMP will receive an RE Code of 4.

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 notes that the RE-4 is consistent with the basis for her separation and in this case finds no basis to correct the existing code.

2. The type of discharge directed and the reasons for that separation were appropriate considering all of the facts of the case.

3. The applicant has failed to show, through the evidence submitted with her application or the evidence of record, that her separation under QMP which resulted in her receiving an RE code of RE "4" was in error or unjust.





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

__ra___ ___bi__ __kf____ DENY APPLICATION




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




INDEX

CASE ID AR2002074689
SUFFIX
RECON
DATE BOARDED 20021212
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19910729
DISCHARGE AUTHORITY AR . 635-200, C 16
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 4
2.
3.
4.
5.
6.


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