IN THE CASE OF:	  

		BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110010890 


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 reconsideration of his earlier request for an upgrade of his reentry eligibility (RE) code from an RE-4 to an RE-1.

2.  The applicant states the incorrect RE code denied him the chance to serve in the U.S. Army Reserve which he was willing to do for his country.  He had previously served for 14 years and he should have been given the opportunity to continue to do so. 

3.  The applicant provides copies of previously-submitted statements.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AC93-11500 on 24 November 1993.

2.  The applicant did not submit any new evidence, but he submitted a new argument which was not previously considered by the ABCMR.  Therefore, it is considered new evidence and will be considered by the Board.

3.  The applicant's records show he enlisted in the Regular Army 2 September 1977 and he held military occupational specialties 19D (Cavalry Scout), 11B (Infantryman), and 68H (Aircraft Repairer).  
4.  He served through multiple reenlistments in a variety of stateside or overseas assignments, including Korea and Germany (twice), and he attained the rank/grade of staff sergeant/E-6.

5.  On 15 January 1992, by letter, he was notified that a during a review of his performance file by the Calendar Year 1991 Sergeant First Class Promotion/Selection Board, the board considered his performance and future potential for retention in the Army.  After a comprehensive review of his official file, the board determined that he would be barred from reenlistment under the Qualitative Management Program (QMP).  He elected not to appeal this bar and his commander elected not to submit a statement on his behalf.  The bar was ultimately approved by Headquarters, Department of the Army, and the applicant was ordered discharged. 

6.  He was honorably discharged on 11 May 1992.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably discharged from active duty in accordance with paragraph 16-8 of Army Regulation 635-200 (Personnel Separations) under the QMP.  He completed 14 years, 8 months, and 11 days of active service.  Additionally, this form shows in:

* item 26 (Separation Code) – "JCC"
* item 27 (Reenlistment Code) – "RE-4"

7.  He submitted three statements related to a previously-accepted nonjdudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice.

8.  Army Regulation 600-200, 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 the 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.

9.  The QMP was implemented and managed under the supervision of the Commander, U.S. Army Enlisted Records and Evaluation Center (USAEREC), Indianapolis, IN.  Department of the Army 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 a 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 USAEREC Commander defines the objective of the QMP as being 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.

10.  Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army Retention Program.  Paragraph 10-5 in effect at the time provided for screening procedures and stated that appropriate Department of the Army Selection Boards would review the performance portion of the official military personnel file, the DA Form 2A (Personnel Qualification Record (PQR) Part – I) and DA Form 2-1 (PQR 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.

11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA, U.S. Army Reserve, and Army National Guard.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces 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 their last period of service with a nonwaivable disqualification.

12.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that 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" SPD was used in the cases of separation by reason of reduction in authorized strength-Qualitative Management Program.

13.  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 evidence of record shows the applicant's records were considered under the QMP and he was not selected for continued service.  He received a bar to reenlistment as a result of this non-continuation.  Upon his separation, 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 regulations for Soldiers separating under the QMP.  

2.  Furthermore, in accordance with applicable regulations 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.  Therefore, he is not entitled to 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 to amend the decision of the ABCMR set forth in Docket Number AC93-11500, dated 24 November 1993.



      _______ _   __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)                                         AR20110010890





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ABCMR Record of Proceedings (cont)                                         AR20110010890



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