MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 January 2000                   
	DOCKET NUMBER:   AR1999029059

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Mr. John Saputo		Member	
	Mr. Allen L. Raub		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his re-entry code be changed from 4 to a 2 or 3.

APPLICANT STATES:  That his re-entry code is an injustice.  A code 4 means a person has some type of UCMJ (Uniform Code of Military Justice) action or something that means the Army totally wants nothing to do with you.  He provides no supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army on 22 September 1981.  He was assigned as a recruiter on 20 November 1986 and apparently was relieved for cause in March 1990 while on recruiting duty for allegedly concealing an applicant’s law violation. 

On 21 February 1992, the applicant received a Department of the Army (DA) bar to reenlistment under the Qualitative Management Program (QMP) based at least in part on the relief for cause non-commissioned officer evaluation report he received for the ending period March 1990.  He appealed the bar to reenlistment.  The U. S. Army Enlisted Records and Evaluation Center disapproved his appeal and directed that he be separated under the provisions of Army Regulation     635-200, paragraph 16-8, narrative reason for separation “reduction in authorized strength – qualitative early transition program,” and that he be given a re-entry code of RE-4 with an honorable characterization of service.

On 30 September 1992, the applicant was discharged with a re-entry code of 4.

Army Regulation 601-280, chapter 10, sets forth policy and prescribes 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 (1) enhance the quality of the career enlisted force, (2) selectively retain the best qualified soldiers to 30 years of active duty, (3) deny reenlistment to nonprogressive and nonproductive soldiers, and (4) encourage soldiers to maintain their eligibility for further service.  The QMP consists of two major subprograms, the qualitative retention subprogram and the qualitative screening subprogram.  Under the qualitative screening subprogram, records for grades   E-5 through E-9 are regularly screened by the DA promotion selection boards.  The appropriate selection boards evaluate past performances 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.

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army  (RA) and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.

RE-4 applies to persons not qualified for continued Army service.  The disqualification is not waiverable.  

The Office of the Deputy Chief of Staff for Personnel has confirmed that RE-4 is the correct re-entry code for a soldier discharged, either voluntarily or involuntarily, with a QMP bar to reenlistment in place.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant was discharged due to receiving a DA QMP bar to reenlistment. A re-entry code of 4 is the correct code for a soldier who is discharged with a QMP bar to reenlistment in place.  Such a code is a nonwaiverable disqualification to reenlistment.  It was and still is the appropriate re-entry code.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__ew____  __js____  __alr___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029059	
SUFFIX		
RECON		
DATE BOARDED	20000106	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.