MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            19 September 2000                  
	DOCKET NUMBER:    AR2000040567

	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.

	Mr. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan k. Smith		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 reentry  (RE) code be changed from RE-4 to RE-1. 

APPLICANT STATES:  That he was discharged because of a reduction in force; that he received an honorable discharge and that there was no action that would have barred him from reenlistment.  

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

He served in the U.S Army Reserve from 12 January 1984 until his discharge on 31 July 1985.  He enlisted into the Regular Army on 1 August 1985; he was trained as light wheeled vehicle mechanic, and served continuously until his discharge on 28 February 1996.

On 22 May 1995 the applicant acknowledged, by authenticating with his initials, that he had been notified of a Department of the Army (DA) Imposed Bar to Reenlistment under the Qualitative Management Program (QMP).  The applicant appealed the bar to reenlistment.

On 25 October 1995 DA denied the appeal.  The denial stated:  “The Board judged that the past performance and estimated potential of the soldier [applicant] are not in keeping with the standards expected of the Noncommissioned Officer Corps. . . “.  The applicant’s records reflect that he received a General Officer Letter of Reprimand for driving under the influence.  The following is a summary of the instructions found in paragraph 3 of the DA denial:  Discharge will be under the provisions of AR 635-200, paragraph 16-8 and must occur no later than 28 February 1996.  The Secretary of the Army has directed the early release of soldiers with a QMP bar to reenlistment (Enlisted Qualitative Early Separation Program), when budgetary or authorization limitations require a reduction in enlisted strength (drawdown).  Therefore, narrative reason for separation to be placed on DD Form 214 is Reduction in Force.  Reentry Eligibility Code is RE-4.  Separation Program Designator (SPD) code is JCC.  Service is characterized as Honorable.

On 28 February 1996 the applicant was discharged in pay grade E-5 under the provisions of Army Regulation 635-200, paragraph 16-8, which directed the early release of soldiers with a QMP bar to reenlistment when budgetary or authorization limitations require a reduction in enlisted strength.  He was authorized separation pay.  His characterization of service was honorable, his reentry code was “4”, he had completed 10 years, 11 months and 19 days of creditable active service, and he had no lost time.

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. 

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.  The applicant’s DD Form 214 is not in error.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights. 

2.  The narrative reason for separation is correct for the chapter under which he was separated; the reentry code is correct for that reason. 

3.  In view of the foregoing, there appears to be 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

__hof ___  __jpi  ____  __rks___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000040567	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000919	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.