| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. Melvin H. Meyer | Chairperson | |
| Mr. Curtis L. Greenway | Member | |
| Ms. Mae M. Bullock | Member |
APPLICANT REQUESTS: In effect, that his Reentry (RE) Code of "4" be changed to a more favorable code in order to enlist.
APPLICANT STATES: In effect, that his RE Code prevents him from reenlisting and from being reinstated to active duty. In support of his application, he submits copies of his: DD Form 214 (Certificate of Release or Discharge from Active Duty); two character references; several evaluation reports; and a copy of his bar to reenlistment appeal. The back of his DD Form 149 was blank.
COUNSEL CONTENDS: Attorney, as counsel for the applicant, contends that he was unfairly separated during his Qualitative Management Program (QMP). He receive an honorable discharge with issuance of an RE Code of RE "4" due to reduction in force. In August 1994, he received a general officer memorandum of reprimand (GOMOR) for driving under the influence (DUI) and had minor suggested improvement areas in a Noncommisisoned Officer Evaluation Report (NCOER) in November 1990. Counsel contends that his overall record should be evaluated and the applicant should be returned to active duty.
EVIDENCE OF RECORD: The applicant's military records show he enlisted on 1 September 1983 and remained on active duty through a series of reenlistments. He was promoted to the pay grade of E-6 effective 1 January 1994.
On 13 October 1994, the Commanding General (CG) of the 82nd Airborne Division issued a GOMOR to the applicant for DUI of alcohol on 27 August 1994. This was imposed as an administrative measure and not as punishment under Article 15, Uniform Code of Military justice (UCMJ). The CG stated that it was his intent to file this memorandum in the applicant’s OMPF. The memorandum was referred to the applicant for comment. The applicant acknowledged receipt of the GOMOR and was informed to submit any matters in rebuttal, extenuation, or mitigation through his chain of command. He elected not to submit a statement in his own behalf. The CG recommended that the applicant’s LOR be filed on his OMPF.
On 8 November 1995, the applicant was notified of his Headquarters Department of the Army (HQDA) bar to reenlistment under QMP. The basis for the determination was the applicant's GOMOR and one NCOER.
The applicant appealed the bar through his chain of command to the DA
Standby Advisory Board (STAB), which was denied on 19 March 1996. 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 31 July 1996, under the provisions of Army Regulation 635-200, chapter 16-8, due to reduction in force. He had completed 12 years and 11 months 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."
The two character reference letters provided by the applicant attest to his maturity, attitude, leadership, and ability to accomplish any assigned task. He was commended for leadership skills as a squad leader and recruiter.
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 his 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 his application or the evidence of record, that his separation under QMP which resulted in his 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
_mm____ __cg___ ___mb__ DENY APPLICATION
| CASE ID | AR2002079217 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030422 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19960731 |
| DISCHARGE AUTHORITY | AR .635-200, 16-8 |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 4 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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 | CY2002 | 2002074689C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. 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 | CY2001 | 2001063935C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapter 9, 10, 13, 14, and 16 of Army Regulation 635-200.Army Regulation 635-5-1 states that SPD codes are...
ARMY | BCMR | CY2013 | 20130021404
The applicant provides copies of the following: * DA Form 2-1 * DA Form 2166-7 (NCOER) * DA Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) * Active Duty Retention Based on Duty Performance memorandum * Three QMP Appeal memoranda * Appeal to DA Bar to Reenlistment memorandum * Orders 024-00255 * DD Form 214 CONSIDERATION OF EVIDENCE: 1. A memorandum from the U.S. Army Enlisted Records and Evaluation Center (EREC), Fort Benjamin Harrison, IN, dated 5 April...
ARMY | DRB | CY2013 | AR20130014379
The record further contains the following list of documents considered and identified by the board as basis for his bar to reenlistment: a. NCOER covering the period 9605 to 9612; b. DA Form 1059, dated 29 February 1988; c. DA Form 2627, dated 10 September 1996; and d. DA Form 2627, dated 13 January 1998. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the...
ARMY | BCMR | CY2002 | 2002073126C070403
The Board considered the following evidence: He provides three letters of support dated 4 March, 18 April, and 23 April 2002; the court document showing his case was dismissed without prejudice; the Department of the Army Suitability Evaluation Board (DASEB) packet; and his HQDA QMP bar to reenlistment appeal packet as supporting evidence. That all of the Department of the Army records related to this case be corrected by transferring the GOMOR issued to the applicant on 15 January 1997,...
ARMY | BCMR | CY2010 | 20100013639
BOARD DATE: 2 December 2010 DOCKET NUMBER: AR20100013639 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. _______ _ x_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | DRB | CY2013 | AR20130009555
Prior Board Review: No SUMMARY OF SERVICE: The applicant's record shows he enlisted in the Regular Army on 25 July 1979, for a period of 3 years. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. However, Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities...
ARMY | BCMR | CY2009 | 20090009327
An EREC memorandum for record, dated 4 May 1992, confirms that based on the Enlisted Special Review Board (ESRB) decision of 23 April 1992, the applicant's appealed NCOER's were changed and replaced with corrected copies excluding the rater/supervisor's evaluations. Army Regulation 601-280, paragraph 10-8 in effect at the time, provided that a Soldier could appeal the bar to reenlistment imposed under the QMP based on improved performance and/or material error in the Soldier's record when...
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...