BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100013639 


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, in effect, that his reentry eligibility (RE) code be changed to one which would allow him to reenlist in the Army or that his name be placed on the retired list.

2.  The applicant states:

* He was erroneously discharged for failing to meet U.S. Army height/weight standards
* His discharge was unjust and he should be given the opportunity to resume his career and to retire with honor
* Although he has never been accused of any misconduct in his career, his career was terminated unfairly
* At the time of his separation, his weight was within all applicable standards and regulations as evidenced by his DA Form 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) dated 26 October 1990

3.  The applicant provides:

* A photograph of himself
* NCOER dated 26 October 1990
* A recommendation that his Department of the Army (DA) imposed bar to reenlistment not be lifted


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 enlisted in the Army on 22 January 1974 and he completed training as a radio teletype operator/team chief.  He remained on active duty through continuous reenlistments and was promoted through the ranks to staff sergeant (E-6).

3.  In a memorandum dated 15 December 1989, the applicant was notified by the Enlisted Records and Evaluation Center (EREC) that the Calendar Year 1989 Sergeant First Class Promotion Selection Board had reviewed his records and determined that he should be barred from reenlistment under the Qualitative Management Program (QMP) based on the presence of five NCOERs indicating deficiencies/weaknesses in physical fitness/military bearing.  The referred-to reports cover the rating periods December 1983 to September 1989.

4.  On 14 December 1990, the applicant appealed his bar to reenlistment and a DA Standby Advisory Board denied his appeal.

5.  He was honorably discharged with severance pay on 1 May 1991, under the provisions of Army Regulation 635-200, paragraph 16-8, due to a reduction in strength – qualitative early transition program.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows:

* He had 17 years, 3 months, and 10 days of total active service 
* He was assigned a Separation Program Designator (SPD) code JCC
* He was assigned an RE-4 code

6.  The applicant submits a copy of his DA Form 2166-7 for the rating period October 1989 through September 1990, which shows he was within body fat standards of Army Regulation 600-9 (The Army Weight Control Program).

7.  Army Regulation 635-200 (Enlisted Personnel), chapter 19, contains policy and procedures for voluntary and involuntary separation, for the convenience of the Government, of Regular Army NCOs under the QMP.  NCOs whose performance, conduct, and/or potential for advancement do not meet Army standards as determined by the appropriate recommendation of Headquarters, Department of the Army (HQDA) centralized selection boards responsible for QMP screening will be denied continued service.  The QMP is designed to (1) enhance the quality of the career enlisted force, (2) selectively retain the best qualified Soldiers, (3) deny continued service to nonproductive Soldiers, and (4) encourage Soldiers to maintain their eligibility for further service.

8.  Army Regulation 635-200, chapter 19 states screening for the QMP is accomplished by HQDA boards that may be convened for other purposes as well.  The appropriate board reviews the performance fiche of the Official Military Personnel File, Personnel Qualification Record (DA Forms 2A and 2-1 or Enlisted Record Brief), official photograph, and other authorized documents pertaining to Soldiers in the QMP zone of consideration.  This material forms the basis for the board's evaluation of the Soldier's past performance and potential for continued service, leading to a determination of whether the Soldier does or does not warrant retention.  QMP selection criteria include, but are not limited to, lack of potential to perform NCO duties in current grade and a decline in efficiency and performance over a continued period as reflected by NCOERs.

9.  Army Regulation 635-5-1 (SPD Codes) 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 JCC is the appropriate code to assign to Soldiers separated under the provisions of paragraph 16-8, Army Regulation 635-200, by reason of reduction in authorized strength-qualitative early retention program.  The SPD/RE Code Cross Reference Table included in the regulation establishes 
RE-4 as the proper code to assign members separated with this SPD code.  

10.  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 covers 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 prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA, RE codes.  RE-4 applies to persons who are permanently disqualified for continued Army service.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been considered.  However, he has not shown error, injustice, or unfairness in the type of discharge that he received.

2.  Although he was within body fat standards for the rating period October 1989 through September 1990, this does not mean that he was erroneously discharged as the Promotion Selection Board cited his NCOERs for the 6-year period December 1983 through September 1989.

3.  He was honorably discharged under the Qualitative Management Program due to a reduction in strength prior to obtaining 18 years of total active service.  Therefore, he was not eligible for retirement and his name was properly not placed on the retired list.

4.  By regulation, the RE-4 code assigned the applicant was the proper code to assign members separating under the provisions of Army Regulation 635-200, paragraph 16-8, by reason of reduction in authorized strength-qualitative early retention program.  The SPD code of JCC is also the appropriate code to assign to Soldiers separated under the provisions of paragraph 16-8, Army Regulation 635-200, by reason of reduction in authorized strength-qualitative early retention program.  As a result, the RE-4 code and the narrative reason for separation were and still are appropriate.  

5.  The evidence of record confirms the applicant’s separation processing was accomplished in accordance with the applicable regulation.  This includes the assignment of his SPD and RE codes.  All requirements of law and regulation were met and the rights of the applicant were protected throughout the separation process.  

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)                                         AR20100013639



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ABCMR Record of Proceedings (cont)                                         AR20100013639



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