IN THE CASE OF:	  

		BOARD DATE:	  31 July 2014

		DOCKET NUMBER:  AR20130022254 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) by upgrading her reentry code 4 (RE-4) to something more favorable.

2.  The applicant states she wants her RE-4 upgraded so she can continue her journey in the U.S. Army Reserve (USAR) and retire.  She was proudly serving until she was degraded in shame.  It all got taken away.  She felt it was unjust.  She sees young women and men in our military and wishes she was still happily and proudly serving.  It is never too late.  She has waited years.  She did not know that she could ask to change an RE code.  She contends she really was a good and hardworking individual.  She was demoted from sergeant to specialist because of school.  A specific reason was never given to her.  She tried her best to stay in the USAR.  She even sought Congressional help.  If she was discharged because of school, why was it RE-4?  Was it intended to never let her back in the military?  There are maybe cases worse than hers.  She served her country with great dignity and always made sure the vehicles were ready for mission.  She was always applauded for an outstanding job throughout all inspections and tests.  So how could she be put out with an RE-4 and never be able to come back again?  To her this is an error.  Why not an RE-3?  This whole ordeal has really hurt her inside for several years, and even her husband recognizes the embarrassment she endured with being demoted.  It was very detrimental for her.  But, she still has not given up.  So, please take this into reconsideration.


3.  The applicant provides copies of:

* DD Form 214 (Member Copy 4) ending on 22 March 1991
* DD Form 214 (Member Copy 1 and 4) ending on 25 October 2002

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.  On 20 January 1988, the applicant enlisted in the Regular Army (RA).  She completed her initial training as a construction equipment repairer.

3.  On 22 March 1991, the applicant was released from active duty and transferred to the USAR.  She had completed 3 years, 2 months, and 3 days of creditable active duty service.

4.  On 3 August 1997, the applicant entered active duty service as a member of the USAR.  She was promoted to sergeant, pay grade E-5 effective 26 March 1998.

5.  A DA Form 1059 (Service School Academic Evaluation Report) dated 
14 February 2001 shows the applicant was released from the Primary Leadership Development Course (PLDC) due to medical reasons.

6.  Orders 01-267-021, 99th Regional Support Command, dated 24 September 2001, administratively reduced the applicant to specialist, with a date of rank of 
26 March 1998 under the authority of Army Regulation 140-158, paragraph 7-12 (d–g).

7.  In September 2001, the applicant was notified that she had been identified for denial of continued service due to a lack of evidence in her Official Military Personnel File (OMPF) showing that she had completed PLDC.  She was further informed that her OMPF also did not contain a current official photograph or Noncommissioned Officer Evaluation Reports (NCOERs) since October 1998.

8.  On 25 October 2002, the applicant was discharged due to non-retention on active duty.  Accordingly, she was given a Separation Program Designator (SPD) Code of JGH and an RE-4.  Her character of service was honorable.

9.  On 11 February 2003, this Board considered the applicant’s request to be credited with completion of PLDC; that her rank of sergeant, pay grade E-5 be restored; that the Qualitative Management Program (QMP) bar to reenlistment be overturned; and that she be restored to active duty in the Active Guard Reserve program with back pay.  The Board denied each of her requests based on insufficient documentation showing that there was an error or injustice.

10.  Army Regulation 601-280 (Total Army Retention Program) provides policy and prescribes procedures for denying reenlistment under the QMP.  This program is based upon the premise that reenlistment is a privilege for those whose performance, conduct, attitude, and potential for advancement meet Army standards.  Under the qualitative screening subprogram, the Department of the Army promotion selection boards regularly screen records for pay grades E-5 through E-9.  The appropriate selection board evaluates past performance 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.

11.  Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes.  RE 4 applies to persons separated from their last period of service with a non-waivable disqualification.  

12.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214.  The SPD code of JGH was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of AR 601-280, Chapter 10, for QMP.  Additionally, the SPD/RE Code Cross Reference Table establishes RE-4 as the proper RE code to assign to Soldiers for this reason.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected by upgrading her RE-4 to something more favorable so she can continue her journey in the USAR and retire.

2.  The RE-4, establishing her ineligibility for enlistment/reenlistment, was correctly entered on her separation document in accordance with governing regulations.

3.  There is no apparent basis for removal or waiver of the applicant’s disqualification that established the basis for the RE Code 4.  While the applicant’s desire to continue in the service to his country is commendable, there are no provisions authorizing the change of an RE Code for this purpose.

4.  In view of the above, the applicant’s request should be denied.

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)                                         AR20130022254



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ABCMR Record of Proceedings (cont)                                         AR20130022254



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