IN THE CASE OF:	  

		BOARD DATE:	      16 October 2008

		DOCKET NUMBER:  AR20080010252 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his reentry (RE) code of 4 be changed to a code that will allow him to reenlist.

2.  The applicant states that he would like to have his RE code changed to an RE-3 in order to enlist in the United States Army Reserve (USAR) and complete his remaining years of service toward a military retirement.  The Army was downsizing and, because he had not been promoted to pay grade E-6, he was forced out under the Qualitative Management Program (QMP).

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), two letters of commendation, and 29 certificates for completion of military training courses, promotions, and awards.

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 entered active duty on 8 January 1980, completed training, and was awarded military occupational specialty 11B (Light Weapons Infantryman). On 8 January 1987 he was honorably discharged in pay grade E-5.

3.  He reenlisted on 24 May 1988 and served continuously until he was discharged on 12 February 1992, in pay grade E-5.  There is no indication of any disciplinary actions in the record.  

4.  The applicant was notified that his file had been reviewed under the QMP process and it was determined that, based on the fact that he was an E-5 with over 10 years of service and that two recent evaluations were less than outstanding, he had been selected to separation under the QMP.

5.  On 14 November 1991 the applicant received a Department of the Army (DA) Imposed Bar to Reenlistment under the QMP.  The applicant did not appeal the QMP separation and requested he be separated on 12 February 1992.  

6.  The applicant was honorably discharged on 12 February 1992 with 10 years, 8 months, and 20 days of creditable service.  He was discharged, in pay grade  E-5, under the provisions of Army Regulation 635-200, paragraph 16-8, which directed the early release of Soldiers with a QMP bar to reenlistment.  He was authorized separation pay.  His characterization of service was honorable.  His reentry code was “4,” a non-waiverable disqualification to reenlistment. 

7.  Army Regulation 601-280 (Army Retention Program), 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 pay 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.

8.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and reenlistment 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.  

9.  RE code 3 applies to individuals who are not qualified for continued Army service, but the disqualification is waiverable.  RE code 4 applies to individuals separated from last period of service with a nonwaiverable disqualification, including under the QMP. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 is not in error.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The narrative reason and the reentry code are correct for the reason for which he separated.

3.  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

___X____  __X_____  ___X____  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.



      _______ _  X_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ABCMR Record of Proceedings (cont)                                         AR20080010252





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ABCMR Record of Proceedings (cont)                                         AR20080010252



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