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ARMY | BCMR | CY2004 | 20040011770C070208
Original file (20040011770C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 NOVEMBER 2005
      DOCKET NUMBER:  AR20040011770


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Gale J. Thomas                |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin Meyer                  |     |Member               |
|     |Ms. LaVerne Douglas               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected by changing his separation code
and the narrative reason for his separation.

2.  The applicant states that he is currently serving in the Army National
Guard as a Recruiter and has been offered an Active Guard Reserve (AGR)
position.  He meets the requirements for the position, however, he needs
his separation code and the narrative reason for his separation changed on
his DD From 214 so that he can be hired for the position.  This opportunity
would enable him to help with the current mission, and would help with
recruiting and retention efforts of the Army National Guard and the United
States Army.

3.  The applicant provides Certificates of Completion from the National
Guard Recruiting and Retention NCO Course, the Army National Guard
Comprehension Communication Skills Training, and the Army National Guard
You Can Program, as well as a student transcript from the Strength
Maintenance Training Center, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in a previous consideration of the applicant's case by the Army
Board for Correction of Military Records (ABCMR) in Docket Number
AR2002073694, on 10 December 2002, in which he asked that his discharge be
overturned and he be returned to active duty.

2.  The applicant was removed from Drill Sergeant School and later barred
from reenlisting under the Qualitative Management Program (QMP).

3.  The applicant’s DD Form 214 indicates he was honorably discharged under
the provisions of Army Regulation 635-200, paragraph 9-12, with the
Separation Code of “JGH,” a Reentry Code of “4,” and the narrative reason
for separation as “Qualitative Management Program.”

4.  Army Regulation 635-5-1 states that 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 “JGH” is
the appropriate SPD code for individuals involuntarily separated for non-
retention on active duty, under the provisions of Army Regular 635-200,
paragraph 19-12.

5.  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.  That
regulation prescribed basic eligibility for prior service applicants for
enlistment and includes a list of armed forces RE Codes.  RE-4 applies to
individuals who were separated from their last period of service with a non-
waivable disqualification.  Soldiers who were separated, or discharged,
from their term of service under the Qualitative Management Program are
ineligible for reenlistment and receive an RE-4.

DISCUSSION AND CONCLUSIONS:

1.  The Department of the Army bar to reenlistment under the QMP was
imposed in compliance with the applicable regulation with no indication of
procedural errors which would tend to jeopardize his rights.

2.  The applicant was precluded from enlisting at the time of his
separation from active duty under the QMP.  As such, the SPD Code and the
narrative reason for separation reflected on his separation document is
correct.

3.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__SK ___  __MM ___  __LD ___  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR2002073694, dated 10 December 2002.




                                  ______Stanley Kelley_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011770                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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