IN THE CASE OF:	Mr. 

      BOARD DATE:	21 February 2014

      CASE NUMBER:	AR20130008783
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.




      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests a change to the narrative reason for his discharge and its corresponding separation code.

2.  The applicant states, in effect, his separation code of “JGH” is preventing him from joining the Reserve or National Guard.  He was wrongly accused of something that he did not do without any evidence by someone who was in trouble.  He was trying to correct an NCO who disrespected him—he was set up by the NCO’s peers and instructor.  He was never given a fair chance or advised by his chain of command.  The NCO’s peers wrote statements, but his (the applicant’s) class was never given the chance to write statements.  His chain of command had one of the NCOs question the students and a captain came and asked him questions; however, the questions asked never went through legal procedures.  Statements were obtained and decisions were made.  He never did the things they said he did—he was treated unfairly.  He tried several times to convince the Board to upgrade his separation code.  He worked real hard after the incident by doing the right thing while he was still in the Army.  Since his discharge, in August 2004, he went to work for the Army and helped train Soldiers in Kuwait, and Iraq, Afghanistan.  He enjoyed being a Soldier and did his best to be all he can be.  He stayed in shape hoping for another chance to serve his country, either with the National Guard, Reserve or Active.  He is currently working in Kuwait helping the military.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	6 May 2013
	b.	Discharge Received:	Honorable
	c.	Date of Discharge:	5 September 2001
	d.	Reason/Authority/SPD/RE Code:	Non-Retention on Active Duty, AR 635-200 
			Paragraph 19-12, JGH, RE-4
	e.	Unit of assignment:	HHD, 49th Special Troops Battalion, Fort Lee, VA
	f.	Current Enlistment Date/Term:	20 April 2000, Indefinite
	g.	Current Enlistment Service:	1 year, 4 months, 16 days
	h.	Total Service:	17 years, 1 month, 26 days
	i.	Time Lost:	None
	j.	Previous Discharges:	RA (840710-870419)/HD
			RA (870420-890905)/HD
			RA (890906-930210)/HD
			RA (930211-971217)/HD
			RA (971218-000419)/HD
	k.	Highest Grade Achieved:	E-6
	l.	Military Occupational Specialty:	77F3P, Petroleum Supply Specialist
	m.	GT Score:	117
	n.	Education:	2 years of College
	o.	Overseas Service:	Germany, Panama, Italy
	p.	Combat Service:	None
	q.	Decorations/Awards:	ARCOM-2; AAM-9; AGCM-5; AFSM; NPDR-2; ASR 
			OSR-4
	r.	Administrative Separation Board:	No (determined by the CY2000 Sergeant First 
			Class Board)
	s.	Performance Ratings:	Yes
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:  

The applicant enlisted in the Regular Army on 10 July 1984, followed by five reenlistments.  The latter reenlistment that is under current review was on 20 April 2000, for an indefinite period.  He was 24 years old at the time of entry and 39 years old at his latter reenlistment, and had two years of college.  He served in Germany, Panama, and Italy.  He earned two ARCOMs and 9 AAMs awards.  He completed 17 years, 1 month, and 26 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 31 August 2000, the applicant was notified of a DA imposed bar to reenlistment under the Qualitative Management Program (QMP) as a result of the CY2000 Sergeant First Class Promotion Board determining that he was being barred from reenlistment subsequent to a comprehensive review of his then Official Military Personnel File (OMPF), currently his Army Military Human Resources Record (AMHRR).  The Promotion Board identified the following two documents as basis for the bar: 

	a.	NCOER for rating period (990701-991031) and 
	b.	Memorandum of Reprimand, dated 5 October 1999.

2.  The applicant was provided and instructed to complete, date, and sign the DA Form 4941, Statement of Options, Qualitative Management Program (QMP), and return it through his commander.  A record of the completed DA Form 4941 is not available in the record.

3.  On 9 April 2001, the Commander, US Army Enlisted Records and Evaluation Center (USAEREC), disapproved the applicant’s appeal of the DA Denial of Continued Active Duty Service under the QMP on the basis of the DA Standby Board’s judgment that the past performance and estimated potential of the Soldier are not in keeping with the standards expected of the Noncommissioned Officer Corps; and accordingly, the QMP determination would remain in effect.

4.  The Commander, USAEREC, directed the applicant’s discharge with an honorable characterization of service under the provisions of AR 635-200, paragraph 19-12, Non-Retention on Active Duty, with its corresponding separation program designator (SPD) code “JGH,” and reentry eligibility code as RE-4. 

5.  The applicant was discharged from the Army on 5 September 2001, with an honorable characterization of service under the provisions of AR 635-200, paragraph 19-12, for non-retention on active duty, a Separation Program Designator code (SPD) of “JGH” and an RE code of 4.

6.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  QMP Letter, memorandum for the applicant, dated 31 August 2000, subject: Department of the Army Imposed Bar to Reenlistment Under the Qualitative Management Program (QMP), is self-explanatory.

2.  Continued memorandum as 5th Endorsement, dated 9 April 2001, subject: Appeal of DA Denial of Continued Active Duty Service Under the Qualitative Management Program (QMP), indicates the applicant’s appeal was disapproved and that he must be discharged pursuant to AR 635-200, Paragraph 19-12.

3.  NCOER for period July 1999 through October 1999 (Relief for Cause).  The applicant was rated as “Marginal” and the senior rater rendered an evaluation as 4/5. 

4.  Memorandum of Administrative Reprimand, dated 5 October 1999, for inappropriate personal relationships with at least two female Basic Noncommissioned Officer Course (BNCOC) students.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none.

POST-SERVICE ACTIVITY: 

The applicant states, in effect, since his discharge in August 2004, he works for the Army, training Soldiers, Iraq and Afghanistan, and now works in Kuwait helping the military.  He has stayed in shape hoping for another chance to serve his country, either with the National Guard, Reserve or Active.  

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 19 sets forth policy and procedure for voluntary and involuntary separation for the convenience of the Government of enlisted personnel under the Qualitative Management Program (QMP), and that the service of a Soldier discharged under this chapter will be characterized as honorable.  NCOs whose performance, conduct, and/or potential for advancement do not meet Army standards as determined by the appropriate recommendation of Headquarters, Department of the Army centralized selection boards responsible for QMP screening will be denied continued service.  It is designed to enhance the quality of the career enlisted force; selectively retain the best qualified Soldiers; deny continued service to nonproductive Soldiers; and encourage Soldiers to maintain their eligibility for further service. 

2.  Paragraph 19-12 states, in pertinent part, those Soldiers who choose not to appeal the QMP selection for denial of continued service, or whose appeal is denied, will be involuntarily discharged.  

3.  Soldiers who elect to appeal but fail, without compelling justification, to submit the appeal within the time prescribed by paragraph 19–11b, will also be involuntarily discharged.  Such discharge will occur 90 days after the Soldier receives pre-separation counseling as required by law (10 USC 1142), which may be scheduled before a final determination of discharge has been made or as soon as possible after a final determination has been made.

4.  Further, the provisions of AR 635-200, pertinent to counseling and rehabilitative transfer (paragraph 1–16), notification of separation recommendation (chapter 2, section I), and hearing before an administrative separation board (chapter 2, section II), do not apply to involuntary discharge under this chapter.

5.  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 identifies the SPD code of "JGH" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Paragraph 19-12, non-retention on active duty.

6.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JGH" will be assigned an RE Code of 4.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the separation code, which entails a change to the narrative reason for his discharge, was carefully considered.  However, after examining the applicant’s record of service, his military records, and the issues submitted with the application, absent any compelling justification, there is no basis for granting the applicant’s request for changes to the narrative reason and its corresponding separation code for the applicant’s discharge.

2.  The record confirms that the applicant’s discharge was appropriate as determined by the appropriate recommendation of Headquarters, Department of the Army centralized selection boards responsible for QMP screening because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel as documented by the noncommissioned officer evaluation report for period July 1999 through October 1999, and the administrative reprimand, dated 5 October 1999.

3.  The applicant provided no independent corroborating evidence demonstrating that his discharge was erroneous or unjust.

4.  The applicant contends the discharge was unjust because he did not commit the alleged misconduct that led to his separation.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he may have been unjustly discriminated.  The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for changes to the narrative reason and its corresponding separation code of his discharge.  

5.  The applicant contends the narrative reason for the discharge should be changed because he is hoping for another chance to serve his country either in the National Guard, Reserve, or Regular Army.  However, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 19, paragraph 19-12, AR 635-200 with an honorable characterization of service.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Non-Retention on Active Duty," and the separation code is "JGH."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason with its corresponding separation code to be entered under this regulation.  Further, the SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JGH" will be assigned an RE Code of 4.  An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment.  

6.  The records show the proper discharge and separation authority procedures were followed in this case.  

7.  Therefore, the reason for separation and the separation code being both proper and equitable, recommend the Board deny relief.


SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review     Date:  21 February 2014     Location:  Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers:  NA 

Board Vote:
Character Change:  NA	No Change:  NA
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	NA
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					NA



















Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR20130008783

Page 7 of 7 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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