IN THE CASE OF:	  

		BOARD DATE:	 5 August 2010 

		DOCKET NUMBER:  AR20100000189 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 6 February 1989 be corrected to show he completed the Primary Noncommissioned Officers Course (PNCOC) and the Basic Noncommissioned Officer Course (BNCOC).
He also requests the separation program designator (SPD) code of "KGF" and the reenlistment eligibility (RE) code of RE-4 be removed from his DD Form 214.

2.  The applicant makes no additional statements in support of his application. 

3.  The applicant provides copies of his:

* certificate for completion of PNCOC
* certificate for completion of BNCOC
* DD Form 214

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 military personnel records show he enlisted in the Regular Army on 30 December 1976 for a period of 3 years.  

3.  The applicant was discharged 5 April 1979 and immediately reenlisted on 
6 April 1979.  Item 27 (Remarks) of his DD Form 214 contained the entry "Military Education:  None."

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he completed 3 weeks of PNCOC in 1978 and 4 weeks of BNCOC in 1982.   

5.  A memorandum, dated 14 October 1988, shows the applicant was notified the Calendar Year 1988 Master Sergeant/Sergeant Qualitative Management Program (QMP) Selection Board convened on 12 July 1988 and reviewed his Official Military Personnel File and, after a comprehensive review of his file, determined he was to be barred from reenlistment.  Five Enlisted Evaluation Reports were cited as identifying deficiency/weakness in competence, leadership, training, and responsibility and accountability as the basis for his bar to reenlistment.  In addition, three instances of nonjudicial punishment were cited as identifying areas of deficiency/weakness in personal values, responsibility and accountability, and competence.

6.  On 25 October 1988, the applicant indicated he would submit an appeal.  However, his appeal was not available for review.

7.  On 12 January 1989, the applicant requested separation.  The applicant's request for separation was approved and on 6 February 1989, he was discharged.  He had completed 9 years, 9 months, and 17 days of active service that was characterized as honorable.  He had 14 days of time lost.  Item 14 (Military Education) of his DD Form 214 does not show he completed BNCOC.  He was assigned the SPD code of "KGF" and an RE code of 4.

8.  The certificates submitted by the applicant show he attended and completed PNCOC from 8 September 1978 to 6 October 1978 and he completed BNCOC on 23 July 1982.

9.  Chapter 10 of Army Regulation 601-280 (Army Retention Program), then in effect, set forth policy and prescribed 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 non-progressive 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 (Department of the Army) 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.

10.  Paragraph 10-8 of Army Regulation 601-280 provides that a Soldier may appeal the bar to reenlistment imposed under the QMP based on improved performance and/or material error in the Soldier's record when reviewed by the selection board.  The appeal must be submitted within 45 days of completion of the Statement of Option and will include substantive comments on the Soldier's performance and potential by each member of the chain of command.  Paragraph 10-10 provides that the appeal is considered by the Qualitative Management Program Appeals Board normally conducted in conjunction with Centralized Enlisted Selection Boards.  The Qualitative Management Program Appeals Board will consider the Soldier's potential for future service and promotion; review the Soldier's complete record "de novo"; and notify the Soldier's commander (lieutenant colonel or above) of the results of the appeal.

11.  Army Regulation 635-5-1 (SPD Codes), then in effect, prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  The regulation shows that the SPD code of "KGF" as shown on the applicant's DD Form 214 specifies the narrative reason for discharge as "HQDA (Headquarters, Department of the Army) imposed bar to reenlistment." 

12.  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 (Regular Army and Army Reserve Enlistment Program), then in effect, covered 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 prescribed basic eligibility for prior service applicants for enlistment.  That chapter included a list of armed forces RE codes.  

13.  Table 3-6 of Army Regulation 601-210, then in effect, provided that RE-4 applied to persons separated from the last period of service with a non-waivable disqualification.  This included persons being separated with a DA Bar to Reenlistment in effect.

14.  Army Regulation 635-5 (Separation Documents), effective 20 August 1973, established the standardized policy for preparing and distributing the DD Form 214.  It stated that formal in-service (full-time attendance) training courses successfully completed during the period of service covered will be entered in Item 27 (Remarks).  

15.  Army Regulation 635-5, effective 1 October 1979, stated that formal in-service (full-time attendance) training courses successfully completed during the period of service covered will be entered in Item 14 (Military Education [Course title, number of weeks, and month and year completed]).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he completed PNCOC and BNCOC.  He also contends his SPD code of "KGF" and RE code of 4 should be removed.

2.  The applicant completed both PNCOC and BNCOC.  Therefore, it is appropriate to enter these courses on the DD Form 214 covering the period during which the courses were completed.  In this case, he completed PNCOC during the period ending 5 April 1979 and he completed BNCOC during the period ending 6 February 1989.

3.  The applicant received a DA Bar to reenlistment on 14 October 1988.  Although he indicated he would appeal the bar, there is no evidence available concerning an appeal.  The applicant has provided no evidence or official documentation to show there was an error or injustice in the imposition of the DA Bar to Reenlistment.   Therefore, the SPD code of "KGF" and the RE code of 4 are correctly shown on his DD Form 214, ending on 6 February 1989.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  _____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending:

	a.  Item 27 of his DD Form 214 with a separation date of 5 April 1979 to include the entry:  Military Education:  Primary Noncommissioned Officers Course, 3 weeks, October 1978; and

   b.  Item 14 of his DD Form 214 with a separation date of 6 February 1989 to include the entry:  Basic Noncommissioned Officer Course, 4 weeks, July 1982.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to his SPD code and RE code.  



      ____________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)                                         AR20100000189



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ABCMR Record of Proceedings (cont)                                         AR20100000189



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