IN THE CASE OF:	  

		BOARD DATE:	  6 July 2012

		DOCKET NUMBER:  AR20120000668 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his reentry eligibility (RE) code from "4" to "1."

2.  The applicant states he would still like to have his RE code changed from "4" to "1."  He states he is no longer young enough to reenter military service.  He would like a corrected DD Form 214 if his RE code is changed.

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 enlisted in the Regular Army on 13 November 1972 and held military occupational specialty 63B (Wheeled Vehicle Mechanic).  He was assigned to a variety of overseas and stateside assignments.  The highest grade he attained while serving on active duty was sergeant (SGT)/E-5.

3.  His DA Form 2-1 (Personnel Qualification Record) shows he received a promotion to specialist five on 16 May 1976 and was laterally appointed to SGT on 27 March 1978.  For unknown reasons, he was reduced to specialist four (SP4)/E-4 with an effective date of rank (DOR) of 7 November 1980.  He was again promoted to SGT with an effective DOR of 3 August 1982.

4.  His record contains a memorandum from the U.S. Army Enlisted Records and Evaluations Center (USAEREC), dated 10 October 1989, subject:  DA-Imposed Bar to Reenlistment under the Qualitative Management Program (QMP).

5.  The memorandum from USAEREC notified him that during a review of his performance file by the Calendar Year 1989 Master Sergeant/Sergeant QMP 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 QMP.

6.  His record contains a DA Form 4866 (General Counseling Form), dated 25 October 1989, wherein his commander counseled/notified him of the 
DA-imposed bar to reenlistment, the consequences of this bar, and the options available to him.

7.  His record contains a DA Form 4941-R (Statement of Option), dated 9 November 1989, wherein he elected to appeal this bar and his commander elected to submit a statement on his behalf.

8.  His record contains an endorsement from the U.S. Total Army Personnel Command, dated 6 June 1990.  This endorsement informed him that his commander's appeal to remove the DA-imposed bar to reenlistment under the QMP had been disapproved because his past and present performance and estimated potential were not in keeping with the standards expected of the Noncommissioned Officers Corps.  The endorsement further stated he would be separated at the end of his current term of service.

9.  He was honorably discharged on 27 July 1990.  His DD Form 214 shows he was discharged in accordance with paragraph 4 of Army Regulation 635-200 (Personnel Separations) for expiration term of service.  He completed 11 years, 9 months, and 26 days of total active service.  Additionally, this form shows he was assigned an RE code 4.
10.  Army Regulation 600-200, chapter 4, 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 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.

11.  The QMP was implemented and managed under the supervision of the Commander, 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 nonproductive Soldiers.  It is used to eliminate Soldiers who do not meet performance conduct and attitude standards and do not have the potential for advancement.

12.  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 Soldier to determine if continued service is warranted.

13.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, 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.  RE code 1 applies to persons who completed an initial term of active service who were fully qualified for enlistment when separated; however, an RE code 4 applies to Soldiers separated from their last period of service with a nonwaivable disqualification.

14.  The Separation Program Designator/RE Code Cross Reference Table, dated 2 October 1989, provides instructions for determining the RE codes for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table states that a bar to reenlistment under the QMP has a corresponding RE code of 4.

DISCUSSION AND CONCLUSIONS:

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 noncontinuation.  Upon his separation, he was assigned an RE code 4.  RE code 4 was the appropriate code for the applicant based on the guidance provided in applicable regulations for Soldiers separating under the QMP.  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 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)                                         AR20120000668



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ABCMR Record of Proceedings (cont)                                         AR20120000668



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