BOARD DATE:	  4 August 2011

		DOCKET NUMBER:  AR20110002148 


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 eligibility (RE) code be changed from "4" to "2."

2.  The applicant states:

   a.  he desires to reenter active duty or the Reserve;
   
   b.  he was discharged by reason of "reduction in strength"; and
   
   c.  he completed 8 years and 2 months of honorable service and believes the RE-4 code assigned him is in error.
   
3.  The applicant provides:

* Army Review Boards Agency Letter dated 22 December 2006
* DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)
* 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 military records show he enlisted in the Regular Army on 20 September 1983.  He was trained in, awarded, and served in military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman), and the highest rank he attained was staff sergeant (SSG).

3.  On 15 January 1992, the applicant was notified that he had been selected by the Calendar Year (CY) 1991 Sergeant First Class Selection Board to be barred from reenlistment under the provisions of the Qualitative Management Program (QMP).  Enclosed with this notification was a sealed envelope of two documents that most contributed to the decision to bar his reenlistment.

4.  On 23 January 1992, the applicant received notification of his bar to reenlistment under the QMP, and on 18 December 1996, he completed his Statement of Options (DA Form 4941-R), in which he elected not to appeal to the QMP action.

5.  On 1 April 1992, the applicant was honorably discharged under the provisions of paragraph 16-8, Army Regulation 635-200, by reason of "Reduction in Strength - Qualitative Early Transition Program."  The DD Form 214 issued to the applicant shows that he was assigned a Separation Program Designator (SPD) code of JCC and an RE-4 code based on the authority and reason for his discharge.

6.  Army Regulation 635-200 (Enlisted Administrative Separations) prescribes the Army's enlisted administrative separation policy.  Chapter 16 of the version of the regulation, dated 26 June 1996, contained guidance on separated Soldiers who were denied reenlistment.  It further allowed Soldiers who perceived that they will be unable to overcome a Headquarters, Department of the Army (HQDA) bar to reenlistment to be discharged upon their request and stated that these Soldiers could request discharge at any time after receipt of the HQDA bar to reenlistment from unit commanders or upon notification that an appeal of the bar to reenlistment was disapproved.


7.  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 US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and it states in pertinent part, that reentry code RE-4 will be applied to members separated from their last period of service with a non-waivable disqualification, which includes members who are under a HQDA imposed bar to reenlistment issued under the QMP at the time of separation.

8.  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 that the SPD code of JCC is the appropriate code to assign to Soldiers separated under the provisions of chapter 16-8, Army Regulation 635-200, by reason of "reduction in authorized strength-qualitative early transition program."  The SPD/RE Code Cross Reference Table in effect at the time establishes that RE-2B will normally be the code assigned to members separated with this SPD code "JCC"; however, in cases where the records show that a member is barred to reenlist under the QMP, an RE-4 code will be assigned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RE code of "4" should be changed to "2" to allow him to reenlist in the active or Reserve component.

2.  The evidence of record confirms that after being informed of the HQDA bar to reenlistment imposed against him under the QMP, the applicant elected not to appeal this bar.  Subsequently, he was discharged by reason of “reduction in strength” under the provisions of Army Regulation 635-200, paragraph 16-8.

3.  By regulation, SPD code JCC and RE-4 code are the proper codes to assign members separating under the provisions of chapter 16, Army Regulation 
635-200, when a HQDA imposed bar to reenlistment has been directed.  As a result, the RE-4 code assigned the applicant at discharge was and still is appropriate based on the authority and reason for his separation.  Therefore, absent any evidence of an error or injustice related to the assigned RE code, there is an insufficient evidentiary basis to support granting the requested relief.


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)                                         AR20110002148





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110002148



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1