IN THE CASE OF:	Mr. 

      BOARD DATE:	27 June 2014

      CASE NUMBER:	AR20130014379
___________________________________________________________________________

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 reentry eligibility code which corresponds with the narrative reason for separation to RE-1.

2.  The applicant states, in effect, his request is based on several reasons: that he repaid all the separation pay he received upon his discharge; he understands the RE-4 was used during the time frame he was involuntarily discharged; he enlisted in the Army National Guard, but was released because his separation code of “JCC” did not match the reason for separation.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	5 August 2013
	b.	Discharge Received:	Honorable
	c.	Date of Discharge:	31 July 1999
	d.	Reason/Authority/SPD/RE Code:	Reduction in Force, AR 635-200, Paragraph 16-8, 
			JCC, RE-4
	e.	Unit of assignment:	196th Infantry Brigade, Schofield Barracks, HI
	f.	Current Enlistment Date/Term:	22 July 1998, 6 years
	g.	Current Enlistment Service:	1 year, 0 months, 9 days
	h.	Total Service:	14 years, 5 months, 5 days
	i.	Time Lost:	None
	j.	Previous Discharges:	RA (850226-880203) / HD
			RA (880204-900614) / HD
			RA (900615-950130) / HD #
			RA (950131-980721) / HD
	k.	Highest Grade Achieved:	E-6
	l.	Military Occupational Specialty:	92Y30, Unit Supply Specialist
	m.	GT Score:	118
	n.	Education:	HS Graduate and a year of college
	o.	Overseas Service:	Germany, Hawaii
	p.	Combat Service:	None
	q.	Decorations/Awards:	MSM; ARCOM; AAM-5; AGCM-4; NDSM; NPDR-2; 
			ASR; OSR-2
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	Yes
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 26 February 1985, and reenlisted four times thereafter.  The latter reenlistment was on 22 July 1998, for a period of 6 years.  He was 22 years old at the time of entry and a high school graduate.  He served in Germany and Hawaii.  He earned an MSM, an ARCOM and five AAM awards.  He completed 14 years, 5 months, and 5 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record indicates on 10 August 1998, the Department of the Army notified the applicant of the Department of the Army imposed bar to reenlistment under the Qualitative Management Program (QMP), a program designed to improve the enlisted career force by requiring NCOs to demonstrate professional ability by performance of duty and standards of conduct that sets example for junior Soldiers.

2.  The applicant was further advised that the CY98 Sergeant First Class/ANCOC Promotion/Selection Board, after a comprehensive review of his OMPF, determined to bar him for reenlistment.  The applicant was furnished the documents that indicated the areas of deficiency or weakness, which contributed most to the board’s decision to bar him from reenlistment. 

3.  The applicant was provided a Statement of Option (DA Form 4941-R) that lists the options available to him to select.  He was advised of the option to appeal which must be submitted 60 days after he completes his Statement of Option for the board’s review, and if his appeal was denied, he would be separated within 90 days of being notified of the denial.

4.  The record further contains the following list of documents considered and identified by the board as basis for his bar to reenlistment:

	a.	NCOER covering the period 9605 to 9612;
	b.	DA Form 1059, dated 29 February 1988;
	c.	DA Form 2627, dated 10 September 1996; and
	d.	DA Form 2627, dated 13 January 1998.

5.  No further information was available in the record to reflect on his subsequent discharge.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature.  

6.  The DD Form 214 indicates that on 31 July 1999, the applicant was discharged under the provisions of Chapter 16, 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.   

7.  On 13 May 1999, HQDA, 25th Infantry Division (Light) and U.S. Army Hawaii, Schofield Barracks, HI, Orders Number A133-01, discharged the applicant from the Army, effective 31 July 1999.

8.  The applicant’s available record does not show any unauthorized absences or time lost during the period under current review.  



EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Memorandum, dated 10 August 1998, subject: Department of the Army Imposed Bar to Reenlistment Under the Qualitative Management Program (QMP), indicates the applicant was notified of being barred to reenlistment as determined by the CY98 Sergeant First Class/ANCOC Promotion/Selection Board.

2.  The aforementioned documents listed at the preceding paragraph 4 are as follows:

	a.	A Change of Rater report covering the period 9605 to 9612.  The applicant was rated as Fully Capable and received 3/4 from the senior rater.
	b.	DA Form 1059, dated 29 February 1988, indicates the applicant failed to achieve the course standards of the PLDC.
	c.	DA Form 2627, Record of Proceedings under Article 15, UCMJ, dated 10 September 1996, indicates the applicant received a punishment consisting of reduction to E-5 (suspended) for being AWOL (960719-960722) and making a false official statement (960806).
	d.	DA Form 2627, Record of Proceedings under Article 15, UCMJ, dated 13 January 1998, indicates the applicant received a punishment consisting of reduction to E-5 (suspended) and forfeiture of $874 pay per month for two months for DUI (971220).

3.  One NCOER during the period under current review, covering the period of June 1998 to May 1999.  The applicant was rated as Fully Capable and received 3/3 from the senior rater.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 214 for service under current review; a letter, dated 19 July 2001, rendered by the GA State Inspector General; orders 136-022, dated 16 May 2001; and an additional evidence, copies of his unofficial ATRRS transcript (received 6 May 2014) and applicant’s self-authored statement on a fax cover sheet, dated 9 June 2014 with two GA State Inspector General correspondence, dated 23 August 2001 and19 July 2001 (received 10 June 2014).

POST-SERVICE ACTIVITY: 

The applicant states, in effect, he had enlisted in the Army National Guard, but was released.  

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-5(c) states, in pertinent part, that Soldiers who decline to meet service remaining requirements and who have signed a Declination of Continued Service Statement (DCSS) may request immediate separation.  

2.  Soldiers who have signed a DCCS and are subsequently alerted for schooling or assignment for which they have sufficient service remaining, must request early separation within 30 days of the alert, or else comply with the reassignment instructions.  

3.  Army policy states the service of personnel separated under paragraph 16-5(c) will be characterized as honorable.

4.  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 16-7, Reduction in Force.

5.  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 3 or 4.

ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the reentry code of his discharge was carefully considered.  

2.  After examining the applicant’s service record, and the documents and issues submitted with the application, there are insufficient mitigating factors to merit a change to the applicant’s reentry code.  

3.  The applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge pursuant to the Department of the Army imposed bar to reenlistment under the QMP.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 16, AR 635-200, by reason of reduction in force, with a characterization of service of honorable.  Furthermore, the DD Form 214 shows a Separation Code of JCC (i.e., reduction in force), with a reenlistment eligibility (RE) Code of 4.  

4.  The applicant contends his discharge should be upgraded because he repaid all the separation pay he received upon his discharge and that to his understanding, the RE-4 reentry code was used during the period, he was involuntarily discharged.  However, the issue the applicant submitted is not a matter upon which the Army Discharge Review Board grants a change in the discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process at the time it was issued, and because it is a DA-directed separation under the QMP process.  Moreover, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, in effect during the period the applicant was discharged, he was appropriately assigned an RE code of 4.  An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment.  

5.  In addition, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 16, paragraph 16-8, AR 635-200, a paragraph associated with the regulation in effect at the time of his discharge; the current paragraph is 16-7.  The narrative reason specified by Army Regulations for a discharge under this paragraph is reduction in force, and the separation code is JCC.  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered on the DD Form 214, 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 to be entered under this regulation.  

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

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  27 June 2014        Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

Witnesses/Observers:  No

Board Vote:
Character Change:  NA	No Change:  NA
Reason Change:	1	No Change:  4
(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)		AR20130014379

Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1