IN THE CASE OF:	  

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100027601 


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 reentry (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 
18 June 1993 be changed to a more favorable RE code.  

2.  He states there is nothing on his DD Form 214 or in his military history which indicates why he received an RE code of 4 according to his recruiter; therefore, the RE code must be in error.  He states that the RE code is stopping him from finishing his career in the U.S. Army Reserve.

3.  He provides a copy of his 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 enlisted in the Regular Army on 29 March 1984.  He was promoted to the rank and grade of staff sergeant (SSG)/E-6 on 1 December 1989.

3.  In a memorandum, dated 5 April 1993, he was notified that the Calendar Year 1993 Sergeant First Class Promotion Board Qualitative Management Program (QMP) Selection Board reviewed his Official Military Personnel File and after a comprehensive review of his file determined he was to be barred from reenlistment.  His Noncommissioned Officer Evaluation Reports for the periods ending April 1990 and January 1992 were cited as the documents identifying a specific area of weakness as the basis for his bar to reenlistment.  

4.  There is no evidence to show the applicant appealed the evaluation reports cited by the selection board for his bar to reenlistment.

5.  On 18 June 1993, he was honorably discharged under the provisions of chapter 16-8, Army Regulation 635-200, in the rank and pay grade of SSG/E-6.  He had completed a total of 9 years, 2 months, and 20 days of creditable active service. 

6.  His 18 June 1993 DD Form 214, item 26 (Separation Code), shows the entry "JCC"; item 27 (Reentry Code) shows the entry "4"; and item 28 (Narrative Reason for Separation) shows the entry "REDUCTION IN AUTHORIZED STRENGTH – QUALITATIVE EARLY TRANSITION PROGRAM."    

7.  Army Regulation 601-280 (Army Retention Program), chapter 10 at the time 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 nonprogressive 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 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.


8.  Army Regulation 635-5-1 (Separation Program Designator (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. The SPD code of JCC was the appropriate code for the applicant based on the guidance provided in this regulation for Soldiers separating under the provisions of paragraph 16-8, Army Regulation 635-200 (Enlisted Personnel) by reason of non-retention on active duty.  

9.  Additionally, the SPD/RE Code Cross Reference Table states that when the SPD code is JCC and the Soldier separates with a Headquarters Department of the Army bar to reenlistment under the QMP then RE code of 4 will be assigned. 

10.  The RE code of 4 applies to persons not qualified for continued Army service and the disqualification is non-waivable.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was involuntarily separated on 
18 June 1993 under the QMP.  By regulation, this mandated that he be discharged from the Army and assigned an RE code of 4.

2.  The available evidence confirms the applicant’s separation processing was accomplished in accordance with the applicable regulations, to include the assigned RE code.  Absent independent evidence to the contrary it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  He has established no basis to support his request.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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)                                         AR20100027601



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ABCMR Record of Proceedings (cont)                                         AR20100027601



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