RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 December 2006
      DOCKET NUMBER:  AR20060006437


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |Member               |
|     |Mr. Qawly A. Sabree               |     |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 request, in effect, that his reentry (RE) Code be changed
from RE-4 to a more favorable code and that item 12a (Date entered AD
[Active Duty] This Period), of his DD Form 214 [Certificate of Release or
Discharge from Active Duty], dated 20 March 1990, be corrected to show the
entry "73 09 28" (28 September 1973 [sic 73 09 29/29 September 1973])
instead of the entry "75 09 05" (5 September 1975).

2.  The applicant states, in effect, that he was turned down when he
attempted to enlist in the U.S. Army Reserve (USAR), or reenlist in the
Regular Army.  He also states that he was not permitted to enter into any
service due to his RE Code of "4."

3.  The applicant provides an additional statement in support of his
request.  He states that according to Army Regulation 601-210, he believes
that the RE Code of "4" is administratively incorrect.  He received an
honorable discharge for being marginally overweight.  His service record,
other than this anomaly, was outstanding.  He believes that there could
have been elements of command influence in the decision to discharge him.
His post commander had problems with anyone who was overweight.  He was
selected to attend ANCOC (Advanced Noncommissioned Officer Course) at the
time of his separation from service.

4.  He states that he provided his nation with 16 plus years of service as
an ammunition inspector.  After his discharge, he spent many years
approaching Reserve and Guard recruiters in an effort to become part of
their unit.  He was told unequivocally that he could not join and that the
RE "4" code was not waivable.  He states that it was not until he stopped
at the Kleber Law Center that their team took a look at the code and told
him that it appeared to be administratively incorrect.  They said that
generally such codes are assocatied with either a bad conduct, other than
honorable, or a dishonorable discharge.

5.  The applicant provided a copy of his DD Form 214, dated 20 March 1990,
and a copy of his separation proceedings, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 March 1990, the date of his discharge.  The application
submitted in this case is dated 21 April 2006 but was received for
processing on 2 May 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's record shows he enlisted in the Regular Army on
29 September 1973.  The applicant successfully completed basic combat
training at Fort Leonard Wood, Missouri, and advanced individual training
at Fort Dix, New Jersey.  On completion of his advanced training, he was
awarded the military occupational specialty (MOS), 55B, Ammunition Storage
Operations Specialist.  He was advanced to pay grade E-4 on 19 December
1974.  He continued to serve until he was honorably discharged on
4 September 1975, for immediate reenlistment.  He had completed 1 year,
11 months, and 6 days of active Federal service.

4.  Item 18a (Record of Service/Net Active Service This Period), of his DD
Form 214, dated 4 September 1975, shows the entry "01 11 06" (1 year,
11 months, and 6 days).

5.  The applicant reenlisted on 5 September 1975.

6.  The applicant was promoted to staff sergeant (SSG/E-6) with an
effective date of 11 March 1982 and date of rank of 8 February 1982.

7.  On 16 December 1987, the applicant received an Annual Enlisted
Evaluation Report (EER) covering the period December 1986 through November
1987.  Item C, (Demonstrated Performance of Present Duty), of Part III
(Evaluation of Professionalism and Performance), of his EER, shows the
entry, "PASS 8704 68/220/NO."

8.  On 16 April 1988, the applicant received a Change of Rater EER covering
the period December 1987 through April 1988.  Item C, of Part III, of his
EER, shows the entry "PROFILE 8708 69/220/NO."




9.  On 20 January 1989, the applicant was notified by Headquarters
Department of the Army (HQDA) that a HQDA -Imposed bar to reenlistment had
been imposed on him under the Qualitative Management Program (QMP).  The
bases for the determination were the applicant's EERs for the periods
ending November 1987 and April 1988.  He was advised of his options.

10.  On 24 April 1989, the applicant appealed the bar to reenlistment
through his chain of command.  On 20 September 1989, the appeal was denied.

11.  On 14 November 1989, the applicant’s commander notified him that he
was initiating action to separate him from the service under the provisions
of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  He
based his recommendation on the applicant's QMP.  He recommended that the
applicant receive an honorable discharge.  He acknowledged receipt of the
notification on the same date.

12.  After consulting with counsel, the applicant requested consideration
of his case by and appearance before a board of officers.  He also
requested representation by counsel and elected not to submit a statement
in his own behalf.

13.  On 26 January 1990, the applicant appeared before the separation board
with counsel.  The separation board found the applicant was unqualified for
further military service because of unsatisfactory performance and was
undesirable for further retention in the military service because of
unsatisfactory performance.  The separation board recommended suspension of
his discharge for a period of 6 months, and that he be issued an honorable
discharge.

14.  The applicant was honorably discharged on 20 March 1990, under the
provisions of Army Regulation 635-200, chapter 13, for unsatisfactory
performance.  On his discharge date, he had completed 16 years, 5 months,
and 17 days of total active Federal service.

15.  Item 12a, of the applicant's DD Form 214, dated 20 March 1990, shows
the entry "75 09 05" (5 September 1975).  Item 12d (Total Prior Active
Service), shows the entry "01 11 06" (1 year, 11 months, and 6 days).  Item
27 (Reentry  Code) shows the entry "4," and item 26 (Separation Code) shows
the entry "JHJ."




16.  Army Regulation 600-9 (The Army Weight Control Program) implements the
guidance in DOD Directive 1308.1 which establishes a weight control program
in all the Services.  This regulation applies to all members of the Active
Army, the Army National Guard (ARNG) and the U.S. Army Reserve (USAR) to
include those ARNG and USAR personnel in Active Guard/Reserve (AGR) status.
This regulation requires that the body fat composition will be determined
for personnel whose body weight exceeds the screening table weight in Table
1
or when the unit commander or supervisor determines the individual's
appearance suggests that body fat is excessive.

17.  Paragraph 20c of Army Regulation 600-9 contains a chart which shows
the maximum allowable body fat standards.  This chart shows that the
maximum allowable body fat standards for males in age group 28 to 39 is 24
percent.

18.  Table 1 of Army Regulation 600-9 is a chart which shows the Weight for
Height Table (Screening Table Weight).  This chart shows that the Screening
Table Weight for a male who is between 28 and 39 years of age and who is 68
inches tall is 179 pounds and for a Soldier who is 69 inches tall, the
screening table weight is 184 pounds.

19.  Army Regulation 635-200 sets forth the requirements and procedures for
administrative discharges of enlisted personnel.  Chapter 13 of this
regulation, in effect at the time, provided for the separation of Soldiers
due to their unsatisfactory performance when in the commander’s judgment
the individual would not become a satisfactory Soldier; retention would
have an adverse impact on military discipline, good order and morale; the
service member would be a disruptive influence in the future; the basis for
separation would continue or recur; and/or the ability of the service
member to perform effectively in the future, including potential for
advancement or leadership, was unlikely.  Service of Soldiers separated
because of unsatisfactory performance under this regulation would be
characterized as honorable or under honorable conditions.

20.  Pertinent Army regulations provide that prior to discharge or release
from active duty, individuals will be assigned reentry 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. This chapter includes a list of Armed Forces
reentry codes, including RA RE codes.



21.  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.

22.  RE-3 applies to persons not qualified for continued Army service, but
the disqualification is waivable for reenlistment after a 2-year period has
elapsed since discharge.

23.  The SPD/RE Code Cross Reference Table provides instructions for
determining the RE code for Active Army Soldiers and Reserve Component
Soldiers separated for cause.  It also shows the SPD code with a
corresponding RE code and states that more than one RE code could apply.
The Soldier’s file and other pertinent documents must be reviewed in order
to make a final determination.  The SPD code of "JHJ" has a corresponding
RE code of "3."

24.  Army Regulation 635-5-1, in effect at that time, prescribed the
specific authorities (regulatory, statutory, or other directives), the
reasons for the separation of members from active military service, and the
separation program designators to be used for these stated reasons.  The
regulation shows that the separation program designator (SPD) "JHJ", as
shown on the applicant’s DD Form 214, is appropriate for involuntary
discharge when the narrative reason for discharge is "unsatisfactory
performance" and that the authority for discharge under this SPD is "Army
Regulation 635-200, chapter 13.

25.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It
states, in pertinent part, that item 12a (Date Entered Active Duty This
Period) will be completed to show the beginning date of the continuous
period of AD service for which a DD Form 214 was not previously issued.
Item 12c will be completed to show the amount of service, computed by
subtracting item 12a from 12b (Separation Date This Period), less lost
time, if any.  Item 12d (Total Prior Active Service) will be completed to
show the amount of prior active military service, less lost time, if any.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was honorably discharged on 20 March 2006, under the
provisions of Army Regulation 635-200, chapter 13, due to his QMP, for
overweight.  He was issued a Separation Code of "JHJ" that has a
corresponding RE Code of "3".  However, his DD Form 214 shows an RE Code of
"4."


2.  The applicant's RE Code of "4" is not consistent with the basis for his
separation.  Therefore, the Board recommends that the applicant's records
be corrected to show the RE Code of "3" which is consistent with the basis
for his separation.  It would now be appropriate to change item 27, of his
DD Form 214, to show a reentry code of "3."

3.  It is apparent that the applicant now wishes to reenter the military
and would like to continue to serve the nation; however, the RE Code of "4"
prevents him from reenlisting.

4.  The evidence show the applicant enlisted in the RA on 29 September 1973
and was honorably discharged on 4 September 1975, for immediately
reenlistment.

5.  The applicant reenlisted on 5 September 1975, as shown in item 12a, of
his DD Form 214, dated 20 March 1990.  Therefore, he is not entitled to
correction of item 12a, of his DD Form 214, dated 20 March 1990, to show
the entry " 73 09 29" (29 September 1973).  His DD Form 214, dated 20 March
1990, is correct as currently constituted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_ALR ___  __FCJ___  __QAS__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing a reentry code
of "3" in item 27 (Reentry Code) of his DD Form 214, dated 20 March 1990.




2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
item 12a (Date Entered AD This Period), of his DD Form 214, dated 20 March
1990, to show the entry       "73 09 29" (29 September 1973).



                                  ____Allen L. Raub _______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006437                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061212                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19900320                                |
|DISCHARGE AUTHORITY     |AR 635-200, CHAP 13                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT/PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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