IN THE CASE OF:	

		BOARD DATE:	23 July 2009    

		DOCKET NUMBER:  AR20090003914 


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 records be corrected by upgrading his reentry code (RE Code) from RE-4 to RE-2 or RE-3 so he may join the U.S. Army Reserve.

2.  The applicant states that he was honorably discharged in 1993 by reason of reaching his retention control point as a sergeant (SGT)/E-5 and was offered a payout to leave the Army under the Qualitative Retention Program [sic] (Qualitative Management Program); however, he was never informed of the option to reenter the military.  He now wishes to join the U.S. Army Reserve but his separation code and RE code prevent him from doing so.  

3.  The applicant provided a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 19 February 1993, 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 records show he enlisted in the Regular Army for a period of 4 years on 19 August 1980.  He completed basic combat and advanced individual training and was awarded military occupational specialty 19D (Cavalry Scout).  He was promoted through the ranks to private first class (PFC)/E-3 on 1 June 1981 and specialist four (SP4)/E-4 on 1 September 1981.

3.  On 28 October 1983, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for wrongfully using marijuana between 24 August 1983 and 2 September 1983.  His punishment consisted of a reduction to PFC/E-3, a forfeiture of $200.00 pay for 2 months, 14 days of restriction, and 14 days of extra duty.

4.  On 1 May 1984, the applicant was again promoted to SP4/E-4 and on 8 June 1984, he executed a 4-year reenlistment in the Regular Army.  

5.  On 28 August 1984, the applicant again accepted NJP under the provisions of Article 15 of the UCMJ for wrongfully possessing marijuana on or about 10 July 1984 and disobeying a lawful order on or about 10 July 1984.  His punishment consisted of a reduction to PFC/E-3, a forfeiture of $200.00 pay for 2 months, 30 days of restriction, and 30 days of extra duty.

6.  The applicant’s records further show he was promoted again to SP4/E-4 on 1 May 1985 and SGT/E-5 on 9 October 1985.  He subsequently executed three 2-year reenlistments in the Regular Army on 4 March 1988, 12 September 1989, and 20 February 1991.  

7.  On 9 March 1992, a copy of the applicant’s personnel qualification record (PQR) was forwarded to the U.S. Army Enlisted Records and Evaluation Center (USAEREC), Indianapolis, IN, for consideration for retention/separation by the Qualitative Management Program.  The results of this board are not available for review with this case.  However, the applicant’s DD Form 214 shows he was honorably released from active duty in accordance of Army Regulation 635-200 (Personnel Separations) by the Qualitative Management Program.  He had completed 12 years, 6 months, and 1 day of creditable active military service.  Item 25 (Narrative Reason for Separation) shows the entry "Qualitative Management Program", Item 26 (Separation Code) shows the entry "LCC", and Item 27 (RE Code) shows the entry "RE-4."

8.  Army Regulation 600-200, chapter 4, sets forth policy and prescribes procedures for denying reenlistment under the Qualitative Management Program. 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 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.  

9.  The Qualitative Management Program is implemented and managed under the supervision of the Commander, USAEREC.  Department of the Army Centralized Selection Boards conduct screening and/or selection of Soldiers for this program as an additional mission when conducting Centralized Promotion Selection Boards.  Criteria includes but is not limited to moral, professional or ethical conduct incompatible with that expected of an noncommissioned officer; the lack of potential to perform duties; inefficiency or substandard performance; a trend of disciplinary problems; or the inability to meet physical fitness standards or failure to comply with requirements of the Army body composition program.   The USAEREC commander defines the objective of the Qualitative Management Program as being to enhance the quality of the career enlisted force by selectively retaining the best qualified soldiers and denying further service to non-progressive or non-productive soldiers.  It is used to eliminate soldiers who do not meet performance conduct and attitude standards, and do not have the potential for advancement.  No quotas are established for selection boards; it is not used as a method to reduce the size of the Army.

10.  Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army Retention Program.  Paragraph 10-5 of the regulation in effect at the time provides for screening procedures and states, in pertinent part, that appropriate Department of the Army Selection Boards will review the performance portion of the Official Military Personnel File, the DA Form 2A (Personnel Qualification Record Part-I) and DA Form 2-1 (Personnel Qualification Record Part-II), and other authorized documents.  From these documents, the board will evaluate past performance and estimate the potential of each service to determine if continued service is warranted.

11.  Army Regulation 635-200 provides 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 (Regular Army and Army Reserve Enlistment Program), 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 Regular Army RE codes.  An RE–1 applies to persons who completed an initial term of active service who were fully qualified for enlistment when separated.  An RE-3 applies to persons who were not qualified for reentry or continuous service at the time of separation, but the disqualification was waivable.  An RE-4 applies to Soldiers separated from last period of service with a nonwaivable disqualification. 

12.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  At the time of the applicant's separation, the "LCC" Separation code was used in the cases of a reduction in force or when a DA message announces the involuntary early separation.  

13.  The SPD/RE Code Cross Reference Table, dated 2 October 1989, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table shows the SPD code and the corresponding RE code.  It states that a bar to reenlistment under the Qualitative Management Program has a corresponding RE code of "4."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE-4 code should be changed to an RE-2 or RE-3 so he may join the U.S. Army Reserve.

2.  The evidence of record shows that the applicant’s records were considered by a Qualitative Management Program and that he was not selected for continued service.  In effect, he received a DA Bar to Reenlistment as a result of this non-retention.  Upon his release from active duty, he was assigned an RE code of 4.  The RE code of 4 was the appropriate code for the applicant based on the guidance provided in applicable regulation for Soldiers separating under the Qualitative Management Program.  Furthermore, in accordance with applicable regulation in effect at the time of his discharge, the RE code entered on his DD form 214 was consistent with the reason and authority for his separation.  

3.  The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to enlist, he should contact a local recruiter who can best advise her on her eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant’s RE Code. 

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.  Therefore is insufficient evidence to grant him the requested relief.

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)                                         AR20090003914



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ABCMR Record of Proceedings (cont)                                         AR20090003914



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