IN THE CASE OF:	  

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20100024728 


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 Reentry (RE) Code from an RE-4 to an RE-3 so he may reenter the military.

2.  The applicant states, in effect, his RE code should be corrected so he may reenter the military or be competitive for better jobs. 

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

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) on 10 February 1983 and held military occupational specialty 88M (Motor Transport Operator).  He served through multiple reenlistments in a variety of stateside and overseas assignments and attained the rank/grade of staff sergeant (SSG)/E-6.

3.  His records show he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice as follows:

* on 11 July 1985, for disobeying a lawful order by breaking into and tampering with a box
* on 15 September 1989, for dereliction of duty and failing to go at the time prescribed to his appointed place of duty

4.  His record contains multiple negative counseling statements for various infractions including failing to make morning formations, failing to bring appropriate physical fitness clothing, being late to unit alerts, and failing to report.

5.  His records also contain several Noncommissioned Officer Evaluation Reports for various rating periods that show he received multiple "No" entries in the values blocks and was frequently rated as "Poor" or "Marginal."

6.  On 1 August 1996, by letter, he was notified that Headquarters, Department of the Army (HQDA) imposed a bar to reenlistment against him under the Qualitative Management Program (QMP).  Additionally, he was also notified his records would be considered by the U.S. Army Enlisted Records and Evaluation Center (USAEREC), Indianapolis, IN, for retention/separation.

7.  He appealed the bar but his appeal was denied and he was ordered discharged under the provisions of paragraph 16-8 of Army Regulation 635-200 (Personnel Separations).

8.  Accordingly, he was discharged from active duty on 10 February 1998.  His DD Form 214 shows he was discharged under the provisions of paragraph 16-8 of Army Regulation 635-220 by reason of "Reduction in Force."  He had completed 15 years and 1 day of creditable active military service.  Item 26 (Separation Code) shows the entry "JCC" and Item 27 (RE Code) shows the entry "RE-4."

9.  Army Regulation 635-200, chapter 4, 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 enhance 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.  

10.  The QMP is implemented and managed under the supervision of the Commander, USAEREC.  HQDA Centralized Selection Boards conduct screening and/or selection of Soldiers for this program as an additional mission when conducting Centralized Promotion Selection Boards.  Criteria includes but is not limited to moral, professional or ethical conduct incompatible with that expected of an noncommissioned officer; the lack of potential to perform duties; inefficiency or substandard performance; a trend of disciplinary problems; or the inability to meet physical fitness standards or failure to comply with requirements of the Army body composition program.  The objective of the QMP is to enhance the quality of the career enlisted force by selectively retaining the best qualified Soldiers and denying further service to non-progressive or non-productive Soldiers.  It is used to eliminate Soldiers who do not meet performance conduct and attitude standards, and do not have the potential for advancement.  

11.  Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army Retention Program.  Paragraph 10-5 of the regulation in effect at the time provides for screening procedures and states, in pertinent part, that appropriate HQDA Selection Boards will review the performance portion of the Official Military Personnel File, the DA Form 2A (Personnel Qualification Record Part-I) and DA Form 2-1 (Personnel Qualification Record Part-II), and other authorized documents.  From these documents, the board will evaluate past performance and estimate the potential of each service to determine if continued service is warranted.

12.  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 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.  

* An RE–1 applies to persons who completed an initial term of active service who were fully qualified for enlistment when separated
* An RE-3 applies to persons who were not qualified for reentry or continuous service at the time of separation, but the disqualification was waivable
* An RE-4 applies to Soldiers separated from last period of service with a nonwaivable disqualification 
13.  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.  At the time of the applicant's separation, the "JCC" Separation code was used in the cases of a reduction in force or when a DA message announces the involuntary early separation.  

14.  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 "4."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE-4 code should be changed to an RE-3 so he may reenter military service or become competitive for better jobs.

2.  The evidence of record shows that the applicant’s records were considered by a QMP and that he was not selected for continued service.  He received a DA Bar to Reenlistment as a result of this non-retention.  Upon his discharge, he was assigned an RE code of 4.  The RE code of 4 was the appropriate code for the applicant based on the guidance provided in applicable regulation for Soldiers separating under the QMP.  Furthermore, in accordance with applicable regulation in effect at the time of his discharge, the RE code entered on his DD Form 214 was consistent with the reason and authority for his separation.  

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)                                         AR20100024728



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ABCMR Record of Proceedings (cont)                                         AR20100024728



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