IN THE CASE OF:	

		BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090019088 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his Reentry (RE) Code from RE-3C to RE-3A so he can enlist in the U.S. Army Reserve (USAR).

2.  The applicant states that he was young and irresponsible at the time; however, he has since matured and is ready to complete what he started.

3.  The applicant provides a self-authored statement, dated 11 October 2009; and three letters of support/character reference.

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 (RA) for a period of 4 years on 4 August 1989 and he was awarded military occupational specialty 75D (Personnel Records Specialist).

3.  His records also show he completed 11 months and 24 days of foreign service and he was awarded the Army Commendation Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and the Army Lapel Button.

4.  The facts and circumstances of his release from active duty are not available for review with this case; however, his records contain a properly constituted DD Form 214 that shows he was honorably released from active duty on
16 September 1992 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 16-8, by reason of qualitative retention program.  His rank and grade is listed as private first class (PFC)/E-3 and his date of rank as 12 February 1992.  He completed 3 years, 1 month, and 13 days of creditable active service.  Item 26 (Separation Code) shows the entry "LCC" and item 27 (Reentry Code) shows the entry "3C."

5.  He submitted the following documents:

	a.  A self-authored statement, dated 11 October 2009, wherein he states that he was separated because he did not attain a qualifying rank to be retained in the Army.  He received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for his foolish behavior and irresponsibility.  However, he has since matured and is ready to serve his country.

	b.  A letter of recommendation, dated 2 June 2009, from the executive assistant to the dean at California State University, Sacramento, wherein he states that the applicant was one of his brightest legal documents assistant on his team.  He has known him personally and professionally and further describes him as an asset to any organization.

	c.  A letter, dated 27 May 2009, from a community church coordinator wherein she certifies the applicant's community service in the areas of food preparation, travel in search of the homeless, and prayer circles.

	d.  An undated character reference wherein the author describes him as an asset and a great help to her musical career.  She describes him as an organized, efficient, and extremely competent individual, and further recommends him for any position or endeavor.

6.  Army Regulation 635-200, chapter 16-8, in effect at the time, sets forth policy and prescribes procedures for denying reenlistment under the Qualitative Management Program (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 enhance the 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.

7.  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 (RA and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR).  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.  

	a.  RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.

	b.  RE-3A applied to individuals who did not possess scores of or higher in any 3 or more aptitude areas of the AQB (Army Qualification Battery) test or aptitude prerequisites. 

	c.  RE-3C at the time applied to persons who did not meet the reentry grade and service criteria of Army Regulation 601-210.  Rule H (Prior Grade and Service) stated, in pertinent part, that applicants were eligible for enlistment if last separated in pay grade E-3 with total active service of no more than 2 years.

8.  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 the appropriate code for members separated under Army Regulation 635-200, chapter 16-8, by reason of qualitative management program.

9.  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 QMP has a corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code should be changed so he could enlist in the USAR.

2.  The facts and circumstances surrounding his discharge are not available for review with this case; however, his records contain a properly constituted DD Form 214 that shows he was honorably released from active duty in the rank/grade of PFC/E-3 on 16 September 1992 under the provisions of Army Regulation 635-200, chapter 16-8, by reason of qualitative retention program.  He completed 3 years, 1 month, and 13 days of creditable active service.

3.  The RE code of "3C" was assigned based on his separation under the provisions of Army Regulation 635-200, chapter 16-8, due to not attaining a qualifying rank to be retained in service.  By his own admission, he previously received NJP which resulted in a reduction in his grade as evidenced by his date of rank as a PFC/E-3 as of 12 February 1992.

4.  Once he exceeded the retention control point for that rank/grade, he was subject to the qualitative retention program.  Absent his NJP and subsequent reduction, there was no fundamental reason to process him for separation under the qualitative retention program.  The underlying reason for his separation was his NJP and subsequent reduction.  The only valid narrative reason for separation permitted under that paragraph is "Qualitative Retention Program" and the appropriate RE code associated with his separation is RE-3.

5.  Since he was separated from the RA in pay grade E-3 with more than 2 years of total active service, a "C" was added to the RE-3 to indicate he did not meet the reentry grade criteria.

6.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  He is advised that if he desires to enlist, he should contact a local recruiter who can best advise him on his 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.

7.  In order to justify correction of a military record he must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  He did not submit evidence that would satisfy this requirement.  Therefore, there is insufficient evidence to grant him 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)                                         AR20090019088



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090019088



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1