IN THE CASE OF:	  

		BOARD DATE:	  30 July 2009

		DOCKET NUMBER:  AR20090006624 


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 correction of the appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

2.  The applicant states, in effect, that he believes the RE code he received was unjust because he asked for a present duty station which he did not get.  He states that he was transferred to Germany and received a Department of the Army (DA) imposed bar to reenlistment.  The bar to reenlistment was dated August 1984; therefore, he had been “in country” just 2 or 3 weeks.  He states had he known he was going to receive a bar, he could have gotten out of the service without going through a reenlistment.  He states that it was unfair to assign him an RE-4 code that puts a damper on his chances of being able to enter any part of the military.  He states he was honorably discharged and he should have been assigned a more favorable RE code so that he could at least enlist in the National Guard or finish 20 years of active duty service.

3.  The applicant provides no additional documentation 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 25 June 1973, the applicant enlisted in the Regular Army (RA) in Roanoke, Virginia, for 6 years, in the pay grade of E-1.  He successfully completed his training as a rough terrain forklift operator.  He remained on active duty through a series of reenlistments and extensions and he was promoted through the ranks to the pay grade of E-5.  

3.  The applicant was transferred to Korea on 9 February 1979 and he returned to the Continental United States (CONUS) on 15 March 1980.

4.  On 15 May 1984, the applicant was granted a grade waiver for the purpose of reenlisting in the RA.  On the applicant’s request for the grade waiver, his commanding officer stated that he (the applicant) needed to be promoted immediately.  

5.  The applicant reenlisted in the RA for 3 years on 25 May 1984 and he was transferred to Germany on 21 September 1984.

6.  On 4 October 1984, the applicant was notified by the United States Army Enlisted Records and Evaluation Center that his Official Military Personnel File (OMPF) was reviewed by a Department of the Army (DA) Selection Board and that after a comprehensive review of his file, the board determined that he was to be barred from reenlistment under the Qualitative Management Program (QMP).  He was told that his record of service, including total performance and future potential for retention in the Army was considered.  The applicant was furnished a statement of options and he was instructed to seek the advice of his commander for those options most appropriate to him.  He was told that if he chose to submit an appeal it must go through his chain of command and that the DA Reenlistment Appeals Board would review his appeal.

7.  The applicant returned to CONUS on 25 February 1985.  He was honorably discharged, on 11 March 1985, under the provisions of Army Regulation 
635-200, chapter 16-5A, due to a Headquarters (HQ), DA imposed bar to reenlistment.  He was assigned an RE code of RE-4.  He had completed           11 years, 8 months, and 17 days of creditable active service.
8.  An undated statement that was prepared during the applicant’s separation process shows he acknowledged he understood he was being separated before his normal expiration term of service (ETS) date for his own convenience.  He acknowledged he understood that a recoupment of any unearned portions of an enlistment bonus/selective reenlistment bonus was required.  He also acknowledged he understood that once he was separated he would not be permitted to reenlist at a later date.

9.  Army Regulation 635-200 (Enlisted Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-5 applies to personnel denied reenlistment and provides that Soldiers who receive DA imposed or locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar, may apply for immediate discharge.  Paragraph 16-8 provides that personnel will be notified of the separation by appropriate commanders and be provided the basis for the separation.  Personnel discharged under these chapters will be assigned an RE-4 code.

10.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 4, at the time, 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 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 (Active and Reserve 
Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the United States Army Reserve.  Chapter 3 prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.  An RE-4 code applies to a person with a non-waivable disqualification.
12.  Army Regulation 601-210 provides the guidance for the issuance of RE codes upon separation from active duty.  It states, in pertinent part, that these codes are not to be considered derogatory in nature, they are simply codes that are used for identification of an enlistment processing procedure.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code should be changed to a more favorable code that would allow him to enlist in the National Guard.

2.  The applicant’s contentions have been considered.  However, there appears to be no basis for removal or waiver of those disqualifications which established the basis for his assigned RE code.  He was discharged early from the Army under the provisions of Army Regulation 635-200, paragraph 16-5, at his own request, due to a HQDA imposed bar to reenlistment, under the QMP.  He was assigned an RE code of RE-4 in accordance with the applicable regulation.

3.  There is no evidence in the available record, nor has the applicant submitted any evidence, that supports his contentions that his assigned RE code was unjust and/or unfair.  He was assigned an RE code based on his reason for discharge, not his overall record of service.

4.  The applicant is commended for his 11 years, 8 months, and 17 days of net active service, his desire to enlist in the National Guard, and his desire to apply his 11 plus years of military service to a 20-year retirement.  However, neither of these factors individually or in sum warrant the relief requested.

5.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090006624



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ABCMR Record of Proceedings (cont)                                         AR20090006624



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