IN THE CASE OF:	   

		BOARD DATE:	  10 April 2012

		DOCKET NUMBER:  AR20110019896 


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 item 27 (Reentry (RE) Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "RE-1" vice "RE-3."

2.  The applicant states he was a good Soldier when he was on active duty.  He was not perfect and he acknowledges his mistakes.  No one can change the past but they can change things that create poor judgment and circumstances.  He would like to serve in a Reserve unit and was told he needs his RE code changed in order to do so.  

3.  The applicant provides no additional evidence.

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 28 October 1985 and he held military occupational specialties 95B (Military Police) and 31K (Combat Signaler).  He reenlisted in the RA on 24 February 1989 and 17 February 1994.  He was promoted to the rank/grade of staff sergeant on 1 June 1994.  

3.  On 10 August 1998, the Department of the Army (DA) imposed a Bar to Reenlistment against him under the Qualitative Management Program (QMP) wherein it stated, in pertinent part, that after a comprehensive review of the applicant's records it was determined that he was to be barred from reenlistment.

4.  He was honorably discharged from active duty on 10 November 1998.  He completed 13 years and 13 days of creditable active service.

5.  The DD Form 214 he was issued contains the following entries in:

* Item 25 (Separation Authority) "Army Regulation 635-200, paragraph
16-8"
* Item 26 (Separation Code) "JCC"
* Item 27 "3"
* Item 28 (Narrative Reason for Separation) "Reduction in Force"

6.  Army Regulation 635-200 (Enlisted Separations), paragraph 16-8, in effect at the time, stated, in pertinent part, that Soldiers may be separated prior to expiration of term of service.  When authorization limitations, strength restrictions, or budgetary constraints required the size of the enlisted force to be reduced, the Secretary of the Army would authorize voluntary or involuntary separation for the convenience of the Government, of RA noncommissioned officers (NCOs) and U.S. Army Reserve (USAR) NCOs serving in an Active Guard Reserve status, under the QMP.  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.  

7.  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.  It states that the SPD code JCC is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 16-8, by 


reason of reduction in force.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 or RE-4 code will be assigned to members separated under these provisions with an SPD code of JCC.

8.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  Table 3-1 includes a list of RE codes:

	a.  RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible for enlistment unless a waiver is granted.

	c.  RE-4 applies to Soldiers separated from their last period of service with a nonwaivable disqualification.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 16-8, with an SPD of JCC.  Based on this, he was appropriately assigned an RE code of "3" at the time of his discharge.  RE code "3" is the correct code for Soldiers separated by reason of reduction in forces.  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 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)                                         AR20110019896





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ABCMR Record of Proceedings (cont)                                         AR20110019896



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