IN THE CASE OF:  	Mr. 

      BOARD DATE:  	17 January 2014

      CASE NUMBER:  	AR20130009555
___________________________________________________________________________

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:

The applicant requests a change to the narrative reason for separation to include the reentry eligibility (RE) code.

2.  He states, in effect, he feels his discharge was wrong because he had 16 good years in the military.  He feels he should have been given a chance to continue his career or offered early retirement since there was a 15 year retirement offered at that time, or put into IRR status so he could finish his career or forced to retire.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		17 May 2013
b. Discharge Received:		Honorable
c. Date of Discharge:			31 July 2000
d. Reason/Authority/SPD/RE:		Reduction In Force, AR 635-200, Chapter 16, 							paragraph 16-8, JCC, RE-4
e. Unit of assignment:			HHT, 3-16 Cavalry, Fort Knox, KY
f. Current Enlistment Date/Term:	3 July 1997, 6 years
g. Current Enlistment Service:	3 years, 1 months, 29 days 
h. Total Service:			19 years, 7 months, 27 days
i. Lost time:				None
j. Previous Discharges:		USAR (780900-790700)/NA									RA (790725-820723/NA										USAR (820800-840900)/NA									        (Break In Service)										USAR (861103-861203)/NA									RA (861204-890411)/HD										RA (890412-901108)/HD										RA (901109-931118)/HD										RA (931119-960626)/HD										RA (960627-970702)/HD
k. Highest Grade Achieved:		E-6
l. Military Occupational Specialty:	19D3H, Cavalry Scout
m. GT Score:				113
n. Education:				2 Years of College
o. Overseas Service:			Germany/Korea x 2
p. Combat Service:			None
q. Decorations/Awards:		ARCOM-3, AAM-3, AGCM-5, NDSM, NPDR							ASR, OSR-3
r. Administrative Separation Board: 	No
s. Performance Ratings:		Yes
t. Counseling Statements:		No
u. Prior Board Review:			No


SUMMARY OF SERVICE:

The applicant's record shows he enlisted in the Regular Army on 25 July 1979, for a period of 3 years.  He was 18 years old at the time of entry with a HS Graduate.  He was trained in and awarded military occupational specialty (MOS) 19D10, Cavalry Scout.  His last enlistment on    3 July 1997 was for a period of 6 years and he was 36 years old at the time. His record does not show any combat service, but he earned an ARCOM-3, AAM-3, AGCM-5; and he achieved the rank of SSG/E-6.  He was serving at Fort Knox, KY when his discharge was initiated.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The evidence of record shows that on 30 August 1999, Department of the Army Memorandum:  Imposed Bar to Reenlistment under The Qualitative Management Program (QMP).  The DA Selection Board, after comprehensive review of applicants Official Military Personnel File (OMPF), determined that he be barred from reenlistment, and advised him of his rights to appeal this decision.  The applicant’s service record indicates he was notified of being QMP for receiving General Officer Memorandum of Reprimand (GOMOR), his past performance of expected standards which led to the discharge from the Army.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  

2.  The DD Form 214 indicates that on 31 July 2000, the applicant was discharged under the provisions of Chapter 16, paragraph 16-8, AR 635-200, by reason of reduction in force, with an honorable characterization of service.  The DD Form 214 also shows a Separation Program Designator (SPD) code of JCC (Reduction in Force), and an RE code of 4. 

3.  On 18 April 2000, DA, HQS, US Armor Center and Fort Knox, Fort Knox, KY, Orders Number 109-0183, discharged the applicant from the Army effective 31 July 2000.

4.  The applicant’s available record does not show any recorded actions under the UCMJ, unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record of evidence contains three successful NCOERs covering the periods (9608-9912).

2.  Discharge Orders number 109-0183, dated 18 April 2000.

3.  The record of evidence also contains an administrative General Officer Memorandum of Reprimand (GOMOR), dated 5 March 1998 for being in physical control of a motor vehicle on 19 January 1998 with a blood alcohol content of .154.

4. There are eight certificates of completion dated between 3 February 1998 and 9 March 1998.

5.  Memorandum, Department of the Army Imposed Bar to Reenlistment Under the Qualitative Management Program (QMP), dated 30 August 1999.

EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided an online application. 

POST-SERVICE ACTIVITY: 

The applicant did not provide any with the application.

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 16-8 of this regulation sets forth the requirements for early separation of enlisted personnel due to reduction in force, strength limitations, or budgetary constraints.  Army policy states that the service of personnel separated under this paragraph will be characterized as honorable unless an entry level separation is required by Chapter 3, section III.

2.  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 "JCC" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 16, paragraph 16-8, reduction in force.

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

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the narrative reason for the discharge to include the RE code was carefully considered.  

2.  After examining the applicant’s available service record and the issues submitted with the application, there are insufficient mitigating factors to merit a change to the applicant’s reason for discharge or to the RE code.  

3.  The applicant's service record indicates he was notified of being QMP for receiving a GOMOR as a result of his failing to meet expected standards of performance and conduct which led to the discharge from the Army.  The applicant's record contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the presumption of government regularity prevails in the discharge process.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 16, paragraph 16-8, AR 635-200, by reason of reduction in force, with a characterization of service of honorable.  

4.  Barring evidence to the contrary, the presumption of government regularity shall prevail and it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

5.  The applicant requested a change to the reason for his discharge and the RE code.  However, the narrative reason for separation is governed by specific directives.  However, 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 "JCC" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 16, paragraph 16-8 for reduction in force.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation. 

6.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JCC" will be assigned an RE Code of 4.  There was no basis upon which to grant a change to the reason or to the RE code

7.  The applicant contends he feels his discharge was wrong because he had 16 good years in the military; he feels he should have been given a chance to continue his career or offered early retirement since there was a 15 year retirement offered at that time, or put into IRR status so he could finish his career or forced to retire.  The applicant received an honorable discharge and separation pay for his service to the country.  The applicant was also provided a list of options; he was to study them carefully and seek the advice of his commander and decide which option to select.

8.  Further, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   The character of the applicant’s discharge is commensurate with his overall service record.  

9.  Therefore, based on the available evidence and the government presumption of regularity, it appears the reason for separation and reentry code being both proper and equitable, thus recommend the Board deny relief.









SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  17 January 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 RE Code to:		NA
Grade Restoration to:		NA
Change Authority for Separation:	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)		AR20130009555



Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1