BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100009815 


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 item 27 (Reentry Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 August 1990 to show a "1."

2.  The applicant states there were several inconsistencies throughout his military career.  He states he had full intentions of making the Army a career and currently wants to reenter the Army, but his RE code and narrative reason for separation prohibits him from doing so.  He further states that he believes what happened to him was totally unjust.  

3.  The applicant provides through his Senate representative:

* a self-authored letter, dated 3 January 2010
* a letter addressed to him regarding a potentially negative efficiency report for the period 8806-8902, dated 1 December 1989
* U.S. Army Enlisted Records and Evaluation Center (EREC), Fort Benjamin Harrison, IN, memorandum, subject: DA-Imposed Bar to Reenlistment Under the Qualitative Management Program (QMP), dated 15 December 1989
* his company commander's letter of recommendation for continued service, dated 5 February 1990
* two memoranda congratulating him on his selection for the Advanced Noncommissioned Officer Course (ANCOC), dated 22 and 25 February 1988


* two letters of appreciation, dated 2 October 1984 and 15 January 1986
* two Certificates of Achievement, dated 20 July 1988 and 24 July 1989
* two Army Achievement Medal certificates, dated 8 April 1985 and
23 August 1989
* his company commander's letter of recommendation for continued service, dated 5 February 1990
* a letter to his Member of Congress regarding his appeal of his bar to reenlistment, dated 26 June 1990
* his DD Form 214 for this period
* his DA Form 2166-6 (NCO Evaluation Report) for the period 8903-8911
* his DA Form 2166-6 (NCO Evaluation Report) for the period 8708-8805
* his DA Form 2166-6 (NCO Evaluation Report) for the period 8604-8703
* his DA Form 1059 (Service School Academic Evaluation Report)
* his DA Form 4941-R (Statement of Option)

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 records show he enlisted in the Regular Army on 28 March 1974.  He was awarded military occupational specialties of 13B (cannon crewmember) and 63B (wheel vehicle mechanic).  The highest rank/grade he held was staff sergeant (SSG)/E-6.

3.  He served continuously on active duty.  He was informed by letter from his Career Advisor at the U.S. Army Total Personnel Command, Alexandria, VA, dated 1 December 1990, that certain information in his Career Management Individual File may have a potentially negative effect on his military career.

4.  On 15 December 1989, he was notified by memorandum from an official at EREC that he was being given a Department of the Army (DA)-Imposed Bar to 


Reenlistment under the QMP.  Six enlisted evaluation reports between January 1984 and February 1989 and the respective areas of deficiency/weakness were identified as the reasons for his bar from reenlistment.  

5.  On 22 March 1990, the applicant submitted an appeal of the DA-imposed Bar to Reenlistment.  He indicated in his appeal that some of the enlisted evaluation reports did not accurately reflect his abilities and he did not believe these reports warranted his separation from the Army.

6.  His records contain a DA Form 4187 (Personnel Action), dated 5 June 1990, that shows he requested separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 16-5(1), based on his inability to overcome a DA-imposed bar.  The form further shows he understood that if his request for separation before his normal expiration of term of service (ETS) was approved, it would be for his own convenience.  The form indicated his ETS was 26 March 1993.  The form further indicated he acknowledged that once he was separated he would not be allowed to enlist at a later date.

7.  A letter to the applicant's Member of Congress in reply to an inquiry regarding his bar to reenlistment, dated 26 June 1990, contains a statement that the commanding general of the Third Infantry Division reviewed the applicant's appeal on 15 May 1990 and signed an endorsement recommending disapproval.  It states the recommendation was based on the conclusion that the applicant did not possess the potential for promotion to the rank/grade of Sergeant First Class (SFC)/E-7 based on the documents located in his Official Military Personnel File (OMPF).

8.  On 5 July 1990, the appropriate separation authority approved the applicant's request for separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 16-5a(1) based on his inability to overcome a DA bar to reenlistment.  The authority directed the issuance of an Honorable Discharge Certificate.

9.  On 7 August 1990, he was discharged accordingly after completing 16 years, 5 months, and 10 days of total active service.  His DD Form 214 shows in item 26 (Separation Code) the entry "KGF" and in item 27 (Reentry Code) the entry "4."


10.  The applicant provides copies of documents showing he was selected for ANCOC, his Army Achievement Medal certificates, Certificates of Achievement, and selected enlisted evaluation reports indicating his outstanding service for specified periods of time.

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 16-5a(1) provides that Soldiers who perceive they will be unable to overcome an HQDA bar to reenlistment will be allowed to be discharged.  Soldiers may request discharge anytime after receipt of the HQDA bar to reenlistment from unit commanders or notification that an appeal of the bar to reenlistment was disapproved.  Discharge must be accomplished no later than 6 months from the date of request in spite of any existing service obligation which will not be fulfilled by such early release date.  Approved requests for discharge will be irrevocable.

12.  Army Regulation 635-5-1 (Special Program Designator (SPD) Codes), in effect at the time, provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states, in pertinent part, that the SPD code of "KGF" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, by reason of denied reenlistment under the QMP.  The SPD/RE Code Cross Reference Table stipulates that an RE-4 code will be assigned to members separated under these provisions with an SPD code of KGF for a bar to reenlistment under the QMP.   

13.  Army Regulation 635-200 further states, in pertinent part, 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 Regular Army (RA) and the U.S. Army Reserve (USAR).  Table 3-1 included a list of the RA RE codes:

	a.  RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted. 


	c.  RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.

14.  Army Regulation 601-280 (Army Total Retention Program), chapter 10, in effect at the time, states that the QMP program is based on the premise that reenlistment is a privilege for those whose performance, conduct, attitude and potential for advancement meet Army standards.  A board at the DA level reviews the performance portion of the Soldier's OMPF, DA Forms 2A and 2-1, and other authorized documents.  The board evaluates past performance, and estimates the potential of each Soldier to determine if continued service is warranted.  The board looks for the following professional traits: personal ethics and morals, competence and duty performance, physical fitness, military bearing, leadership, training, responsibility, and accountability.  The board will then make a determination whether continued service is warranted.  If a DA bar to reenlistment is imposed, the QMP packet will contain a list of documents, such as enlisted evaluation reports, Academic Evaluation Reports, letters of reprimand, Article 15's, and other documents, which identify areas of deficiency/weakness and constitute the basis of the QMP action.  It states that an enlisted evaluation report may be listed as a basis, even if the Soldier received the maximum rating.  This will be the case for Soldiers who are overweight or who do not pass the Army Physical Fitness Test (APFT).  The Soldier's appeal must convince DA that, despite the QMP packet evidence, he or she meets the standards and should be retained.  Also there are no quotas in the QMP program.  Indicators that increase the chance of selection are:

* continued poor performances as shown on enlisted evaluation reports
* failure of a course under the NCO Education System for other than academic reasons
* receipt of a general officer letter of reprimand for driving under the influence (DUI) or for some other serious offense
* conviction by court martial or other Uniform Code of Military Justice action occurring later in a Soldier's career
* failure to maintain appropriate weight standards or not making satisfactory progress in the weight-control program after a six-month period, unless medically justified
* failure of two or more current APFT's, without medical justification

15.  Army Regulation 623-3 (Evaluation Reporting System) provides that a reviewer will examine the evaluations rendered by the rater and senior rater to insure they are clear, consistent, and just in accordance with known facts.



DISCUSSION AND CONCLUSIONS:

1.  While the applicant requested a change of his RE code, it is necessary to consider whether the reason for his discharge should be changed since the RE code is based on the reason for discharge.

2.  He was notified of his DA-imposed bar to reenlistment.  While the disapproval of his appeal of the imposed bar was not found in his records, evidence indicates his appeal was disapproved.  He requested discharge and he was subsequently discharged under the provisions of Army Regulation 635-200, paragraph 16-5a for his inability to overcome a DA-imposed bar.  As such, his discharge was proper and equitable.

3.  He contends there were inconsistencies in the way he was evaluated which did not reflect his abilities.  However, the Army's Evaluation Reporting System provides safeguards in an effort to insure Soldiers are evaluated in a clear, consistent, and just manner in accordance with known facts.  He has not provided sufficient evidence to indicate he was not evaluated in accordance with Army standards.

4.  The QMP program is based on the premise that reenlistment is a privilege for those whose performance, conduct, attitude and potential for advancement meet Army standards.  While he apparently served very well in some assignments, evidence indicates the board did not feel he met the desired criteria for further service in the Army.

5.  The SPD cross-reference table shows the applicant was assigned an RE code of "4" based on the reason for discharge.  As such he was properly assigned an RE code of "4."

6.  The ABCMR starts its consideration with a presumption of regularity, that what the Army did was correct.  The burden of proving otherwise is the responsibility of the applicant.  Therefore, it is presumed that the applicant’s RE code and reason for separation were administratively correct and in conformance with applicable regulations at the time of his discharge.

7.  While his desire to enlist in the Army is commendable, this is not a basis for changing a properly assigned RE code.  As such, the applicant's RE code is correct and there is no reason to change it.


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)                                         AR20100009815



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedi