RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 JANUARY 2007
      DOCKET NUMBER:  AR20060005901


      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                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth Wright                |     |Chairperson          |
|     |Mr. Larry Racster                 |     |Member               |
|     |Ms. Ernestine Fields              |     |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 records be corrected by changing his
RE-Code (Reentry Code) on his DD Form 214 (Certificate of Release or
Discharge from Active Duty).

2.  The applicant states that he would like to get back into the Army
because the job market is bad, and the bonus to join is great.  His
recruiter believes that his RE-Code is incorrect and that it should be
something other than RE-4 for an individual who was separated because of a
RIF (reduction in force).  He has no supporting documents to submit because
he does not understand why he received an RE-4.

3.  The applicant provides no additional evidence in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 January 1992.  The application submitted in this case is
dated 19 April 2006.

2.  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.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 28 December 1981, for a
period of 4 years.  On 2 May 1989, he reenlisted for a period of 5 years.
At the time of his reenlistment he had attained the rank of sergeant/E-5.

4.  On 2 October 1990, he accepted nonjudicial punishment under the
provisions of Article 15, Uniform Code of Military Justice, for missing
movement.  His punishment was a forfeiture of $295.00 dollars (Suspended)
and 14 days of extra duty.

5.  On 10 December 1990, the appropriate authority vacated the suspended
forfeiture of $295.00 due to the applicant missing formation.


6.  On 10 April 1991, the applicant received a locally imposed bar to
reenlistment. The basis for the bar was the aforementioned nonjudicial
punishment, the misconduct, which lead to the vacation of his suspended
forfeiture, and eight incidents of failure to pay just debt.

7.  The Calendar Year 1991 Master Sergeant Selection Board reviewed the
applicant’s Official Military Personnel File (OMPF) and determined that he
would be barred from reenlistment under the Qualitative Management Program
(QMP).
The board identified three documents (three Noncommissioned Officer
Evaluation Reports (NCOERs)) in the applicant’s OMPF indicating
deficiencies/weaknesses in performance/efficiency which contributed to
their decision.

8.  On 12 November 1991, the applicant authenticated a form with his
initials and
signature which indicates that he was notified by the appropriate authority
of his DA imposed bar to reenlistment under the QMP; and that, having been
informed of his rights and options, he would not submit an appeal.  In
signing the form he indicated that he understood he would be involuntarily
separated under the provisions of Army Regulation 635-200, Chapter 16,
within 90 days of the signing of the form.

9.  On 31 January 1992, the applicant was honorably discharged under the
provisions of Army Regulation 635-200, Chapter 16, by reason of reduction
in authorized force – qualitative early transition program.  At the time of
his discharge the applicant had completed 10 years, 1 month and 3 days of
active military service.

10.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 16 covers discharges caused by
changes in service obligations.  Paragraph 16-6 provides for the early
separation of individuals due to reduction in force, strength limitations,
or budgetary constraints.

11.  Army Regulation 601-280, Chapter 10, sets forth policy and prescribes
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.  The QMP consists of two major
subprograms, the qualitative retention subprogram and the qualitative
screening subprogram.  Under the qualitative screening subprogram, records
for grades    E-5 through E-9 are regularly screened by the DA promotion
selection boards.  The appropriate selection boards evaluate past
performances and estimate the potential of each Soldier to determine if
continued service is warranted.  Soldiers whose continued service is not
warranted receive a QMP bar to reenlistment.

12.  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 and the United States Army Reserve.
Chapter 3 of that regulation prescribed basic eligibility for prior service
applicants for enlistment.  That chapter includes a list of armed forces RE-
Codes, including Regular Army
RE-Codes.

13.  RE-4 applies to individuals who were separated from their last period
of service with a non-waivable disqualification.  Soldiers, who were
separated from their term of service with a Department of the Army imposed
bar to reenlistment, are ineligible for reenlistment and receive an RE-4.

14.  Army Regulation 601-210, also states that RE-Codes may be changed only
if they are determined to be administratively incorrect.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s separation under the provisions of the QMP was
accomplished in accordance with the law and regulations applicable at the
time.

2.  At the time of his separation from the service the applicant had both a
locally imposed and DA imposed bar to reenlistment in place.  Therefore he
was not qualified for reenlistment and received the appropriate RE-Code of
RE-4.

3.  The evidence confirms that at the time of his separation the applicant
had both a locally imposed and DA imposed bar to reenlistment in place.
His
RE-Code was assigned based on the fact that he was not qualified for
continuous service at the time of his separation.  The applicant’s RE-Code
is appropriate and there is no basis to correct the existing code.  The
fact that he may now want to return to military service is not sufficient
justification to change his RE-Code.





4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 January 1992; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
30 January 1995.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__KW ___  __LR ___  ___EF __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____Kenneth Wright_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005901                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070123                                |
|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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