RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2008
	DOCKET NUMBER:  AR20070015899 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Ms. Sherri V. Ward

Member

Mr. Jeffrey C. Redmann

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 his Reentry (RE) Code "4" be changed to RE "3."

2.  The applicant states, in effect, that his RE Code of "4" should be changed to RE "3" under reduction in force.  He is currently in the Army National Guard (ARNG) and has been deployed three times and would like to enlist in the Regular Army with assignment to 5th Group; however, his RE Code of "4" prevents him from reenlisting. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his request.

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.  The applicant's record shows he enlisted in the Regular Army on 15 March 1984, with prior service.  He was trained as a Light Weapons Infantryman, in military occupational specialty (MOS) 11B.

3.  The applicant was promoted to staff sergeant (SSG/E-6) with an effective date and date of rank of 1 March 1990.

4.  The Department of the Army CY95 (Calendar Year) Sergeant First Class Promotion Board, after a comprehensive review of the applicant's Official Military Personnel File (OMPF), determined that he should be barred from reenlistment under the Qualitative Management Program (QMP).  The basis for the determination was two DA Forms 1059 (Academic Evaluation Report) and a Memorandum of Reprimand which indicated that he displayed weaknesses in performance, efficiency, and discipline. 
5.  The applicant’s appeal of the bar through his chain of command is unavailable for review.  His appeal was denied.  The AG (Adjutant General) stated that the past performance and estimated potential of the applicant were not in keeping with the standards expected of the NCO Corps and that 
the bar would remain in effect.

6.  The applicant was honorably discharged on 31 October 1996, in the rank and pay grade of SSG/E-6, under the provisions of Army Regulation 635-200, chapter 16, paragraph 16-8, due to reduction in force.  He had completed 12 years, 11 months, and 23 days of creditable service.

7.  The applicant was given a separation code of JCC, assigned an RE code of 4, and the narrative reason for separation entered on his discharge document was "Reduction in Force."

8.  After a break in service, the applicant enlisted in the ARNG on 12 December 2000.

9.  Army Regulation 635-200 (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.  AR 635-5-1 prescribes 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 JCC will be used to identify Soldiers when the narrative reason for their separation is, "Reduction in Force."  Table 2-3 (SPD/RE Code Cross Reference Table) in Army Regulation 635-5-1 shows that when the SPD JCC is used, an RE code 3 or 4 will be applied.

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 enlistment and processing into the Regular Army (RA) and the U. S. 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.  

12.  RE code 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

13.  RE code 4 applies to individuals separated from their last period of service with a non-waivable disqualification.  This includes Soldiers with a Department of the Army imposed bar to reenlistment under the QMP in effect at the time of separation, or separated for any reason (except length of service retirement) with 18 or more years of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was identified by the Department of the Army CY95 Sergeant First Class Promotion Board for the imposition of a HQDA bar to reenlistment.  The applicant was notified that he had the right to submit an appeal.  He appealed his bar and his appeal was denied. 

2.  The applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 16, paragraph 16-8, due to reduction in force, on 31 October 1996.

3.  The applicant's discharge was accomplished in compliance with applicable regulations at the time.  The SPD, JCC, that was applied to the applicant's DD Form 214, corresponds to the narrative reason shown on the applicant's
DD Form 214.

4.  The applicant was assigned an RE code 4, which applies to individuals separated from service with a non-waivable disqualification.  This non-waivable disqualification includes Soldiers with a Department of the Army imposed bar to reenlistment under the QMP in effect at the time of separation.

5.  It is apparent that the applicant wishes to enlist in the Regular Army in order to be assigned to 5th Group; however, the narrative reason and RE Code of "4" prevent him from doing so.  

6.  The applicant has failed to show, through the evidence submitted with his application or the evidence of record, that his separation which resulted in receiving an RE Code of RE "4" was in error or unjust.  




7.  In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise 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

__MKP__  __SW___  ___JCR _  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.




_____Margaret K. Patterson__
          CHAIRPERSON




INDEX

CASE ID
AR20070015899
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080221
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19961031
DISCHARGE AUTHORITY
AR 635-200, chapter 16-8 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.