RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 April 2007
      DOCKET NUMBER:  AR20060014916


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Judy L. Blanchard             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. David K. Haasenritter         |     |Member               |
|     |Mr. John G. Heck                  |     |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, in effect, a change of his reentry (RE) code of
RE-4 to allow him to reenter the service.

2.  The applicant states, in effect, that he believes that his RE code is
incorrect because he received an honorable discharge under the reduction in
authorized strength and should have received an RE-3.

3.  The applicant provides no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 2 September 1993.  The application submitted in this case
is dated
6 October 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 and
entered active duty on 13 April 1983.  He was trained in, awarded, and
served in military occupational specialty (MOS) 76V (Materiel Storage and
Handling Specialist).  The highest grade he attained was pay grade E-5.

4.  The applicant’s record also shows that during his active duty tenure,
he earned the Army Achievement Medal (5OLC), the Good Conduct (3rd Award),
the Army Lapel Button, the National Defense Service Medal, the NCO
Professional Development Ribbon (Numeral 2), the Army Service Ribbon, the
Overseas Service Ribbon (Numeral 2), the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with
Driver-W Bar.

5.  On 1 November 1984, the applicant accepted nonjudicial punishment (NJP)
for operating a vehicle with a passenger while intoxicated.  His imposed
punishment was a reduction to pay grade E-3 (suspended for 2 months) and a
forfeiture of $300.00 pay per month for 2 months (suspended for 2 months).
6.  On 9 July 1987, the applicant accepted NJP for operating a vehicle
without a valid driver’s license and for operating a vehicle with a
passenger while intoxicated.  His imposed punishment was a reduction to pay
grade E-4.

7.  The applicant’s record was reviewed by the CY92 Master Sergeant
Selection Board and after a comprehensive review of the applicant’s
Official Military Personnel File (OMPF), the applicant was selected for a
DA Imposed Bar to Reenlistment.  The Selection Board determined that the
past performance and estimated potential of the applicant was not in
keeping with the standards expected of the Noncommissioned Officer Corps.

8.  On 10 July 1992, the applicant was notified of his DA Imposed Bar to
Reenlistment under the Qualitative Management Program.  The applicant was
counseled and advised of his rights.  The applicant was informed that he
must separate from the U.S. Army within 90 days of the option statement.
He was also informed that he would be separated under the provisions of
Army Regulation 635-200, paragraph 16-8.  (Reduction in Strength –
Qualitative Early Transition Program).  On 24 July 1992, the applicant
submitted an appeal.  As an exception to policy the separation was extended
until the results of his appeal process.  On 30 June 1993, the applicant
was informed that his appeal was denied.

9.  On 2 September 1993, the applicant was honorably discharged under the
provisions of paragraph 16-8, Army Regulation 635-200, by reason of
Reduction in Authorized Strength.  The DD Form 214 he was issued at the
time confirms that he had completed 10 years, 4 months, and 20 days of
active military service and held the pay grade of E-5.  This document also
confirms that based on the authority and reason for his separation, he was
assigned a Separation Program Designator (SPD) code of JCC and an RE code
of RE-4.  The applicant authenticated the DD Form 214 with his signature in
Item 21 (Signature of Member Being Separated).

10.  There is no indication in the record that the applicant applied to the
Army Discharge Review Board to request a change in the narrative reason for
his discharge within its 15-year statute of limitations.

11.  Army Regulation 635-5-1 (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.  It states, in
pertinent part, that the SPD code of JCC is the appropriate code to assign
to Soldiers separated under the provisions of paragraph 16-8, Army
Regulation 635-200, by reason of

reduction in authorized strength-qualitative early retention program.  The
SPD/RE Code Cross Reference Table included in the regulation establishes
RE-4 as the proper code to assign members separated with this SPD code.

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 (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 who are permanently
disqualified for continued Army service.

13.  Army Regulation 635-200, chapter 16, then in effect, set forth policy
and prescribed the 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 enhance the quality of the career-
enlisted force, selectively retain the best-qualified Soldiers to 30 years
of active duty, deny reenlistment to non-progressive and nonproductive
Soldiers, and encourage Soldiers to maintain their eligibility for further
service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions were carefully considered.  However, by
regulation, the RE-4 code assigned the applicant was the proper code to
assign members separating under the provisions of Army Regulation 635-200,
paragraph 16-8, by reason of reduction in authorized strength-qualitative
early transition program.  The SPD code of JCC is also the appropriate code
to assign to Soldiers separated under the provisions of paragraph 16-8,
Army Regulation 635-200, by reason of reduction in authorized strength-
qualitative early retention program.  As a result, the RE-4 code and the
narrative reason for separation were and still are appropriate.

2.  The evidence of record confirms the applicant’s separation processing
was accomplished in accordance with the applicable regulation.  This
includes the assignment of his SPD and RE codes.  All requirements of law
and regulation were met and the rights of the applicant were protected
throughout the separation process.

3.  RE-4 applies to persons who are permanently disqualified for continued
Army service.

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.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 February 1993.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 1 February 1996.  However, he 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

___JS ___  ___DKH_  ___JGH__  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.




                                  _____   John Slone_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/0419                               |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]