RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	27 November 2007  
	DOCKET NUMBER:  AR20070006654 


	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.


Ms. Catherine C. Mitrano

Director



Analyst

The following members, a quorum, were present:




Chairperson



Member



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, that Item 27, Reentry (RE) Code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from a code of "RE-4" to an RE code that will support reenlistment.

2.  The applicant states, in effect, that he believes that after 18 years of honorable and exemplary service, he was forced out of the military.  The reason he was given was the Quality Management Program (QMP), which he believes was a grave injustice.  Further, he was given a reenlistment code that disqualified him from completing a less than 2 year commitment for retirement.

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

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 19 May 1977, the applicant enlisted in the Regular Army with 2 years,
10 months, and 21 days of active prior service.  His military occupational specialty (MOS) was 11C (Indirect Fire Infantryman).  His service was continuous through a series of reenlistments and the highest grade he attained was pay grade E-7.

3.  On 18 April 1989, the applicant accepted nonjudicial punishment (NJP) for unlawfully assaulting a child (his daughter) under the age of 16 years by grabbing her hair and pulling her head back, and by grabbing her shirt and digging his fingernails into her chest.  His imposed punishment was a forfeiture of $600.00 pay per month for 2 months and 60 days restriction.


4.  On 22 May 1990, the applicant received a Relief for Cause Noncommissioned Officer Evaluation Report for the period of June 1989 through February 1990 because of unprofessional conduct resulting in the open and public display of affection toward a female student.  Details of the incident are missing from his file.

5.  On 1 November 1991, the applicant was identified for a DA imposed bar to reenlistment under the Department of the Army Qualitative Management Program (QMP).  The bases for the DA Bar to Reenlistment were his Noncommissioned Officer Evaluation Report for the period of June 1989 through February 1990 and DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) dated 890418.  The applicant acknowledged notification, consulted with legal counsel, and was advised of his rights to appeal this decision.  On
6 January 1992, the applicant submitted an appeal to the DA imposed bar to reenlistment.  

6.  On 3 March 1992, the applicant’s appeal of the DA imposed bar to reenlistment was disapproved.  The Board adjudged that the past performance and estimated potential of the applicant was not in keeping with the standards expected of the Noncommissioned Officer Corps.  The Board further determined that the applicant must be separated from the U.S. Army no later than 
30 September 1992 and that he will be separated under the provision of Army Regulation 635-200, paragraph 16-8.  The narrative reason for separation is described as “Reduction in Authorized Strength – Qualitative Early Transition Program.”  

7.  On an unknown date the applicant submitted a DA Form 4187 (Personnel Action) requesting a discharge under the provisions of Chapter 16-8, AR 
635-200, for a HQDA imposed bar to reenlistment.  The unit commander recommended approval.  On 1 October 1992, the separation authority directed that the applicant be discharged with a characterization of service of honorable.  

8.  On 9 October 1992, the applicant was discharged under the provision of Army Regulation 635-200, paragraph 16-8 by reason of “Reduction in Authorized Strength – Qualitative Early Transition Program.”  He was assigned a separation code of JCC and a reenlistment eligibility code of RE-4.  The applicant’s service was characterized as “honorable.”  At the time of discharge, the applicant had completed a total of 18 years, 3 months, and 12 days of active military service.

9.  Army Regulation 635-200 (Enlisted Personnel Separations) 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.

10.  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 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 Soldiers in 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.

11.  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 enlisting and processing into the RA and the eligibility for prior service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes and RA RE codes. 

12.  A separation code of "JCC" applies to persons who are separated by reason of reduction in force under the provisions of chapter 16-8, Army Regulation
635-200.  The SPD/RE Code Cross Reference Table shows that an RE code of 4 is the applicable RE code assigned for individuals separated by reason of the qualitative retention program.  An RE code of 4 indicates that the applicant was separated from his last period of service with a disqualification which cannot be waived; therefore, he is ineligible for reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was properly separated in accordance with the regulations then in effect, governing those Soldiers denied reenlistment under the QMP.  He was assigned the proper RE code for his particular narrative reason for separation.

2.  The applicant has provided this Board with no evidence that supports a basis for changing his narrative reason for separation or his RE-code of RE-4.  The assigned codes are still appropriate.  He was barred from reenlistment under the QMP after a DA Selection Board reviewed his records and determined that he was no longer eligible for reenlistment due to his past performance and conduct. 

3.  The QMP is a tool used by the Army to ensure a quality force and as such was designed to deny continued service to those Soldiers whose past performance or future potential does not meet the stringent requirements for continued service.  The applicant has provided no evidence to support that his case is so extraordinary or that his overall service was so outstanding that removal of the bar is warranted.

4.  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.  

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

6.  Therefore, 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___WDP_  ___JH___  ___GP__  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 for correction of the records of the individual concerned.



_______
          CHAIRPERSON

INDEX

CASE ID
AR20070006654
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071127
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.