MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            3 April 2001                  
	DOCKET NUMBER:   AR2000044596

	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	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Thomas Baxter 		Member	
	Mr. John T. Meixell 		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 eligibility (RE) code be changed from RE-4 to RE-1.

APPLICANT STATES:  That since RE-4 is no longer used, he is requesting a change in his records.  In support of his application, he submitted a statement in his own behalf and his DD Form 214, Certificate of Release or Discharge From Active Duty.

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

He enlisted in the Regular Army on 9 October 1985 for a period of 3 years.  Following completion of all required military training, the applicant was awarded military occupational specialty (MOS) 11B, Infantryman, and was assigned to Fort Bragg, North Carolina.  He was promoted to staff sergeant/E-6 on 1 July 1993.

The applicant’s Official Military Personnel File (OMPF) indicates that on 19 April 1995, the Sergeant First Class/E-7 board reviewed his file and selected him for separation under the Department of the Army Qualitative Management Program (DA QMP).

On 30 December 1995, the applicant was separated from military service under the provisions of paragraph 16-8, Army Regulation 635-200, for reduction in force, and was issued an honorable discharge.  The separation program designator (SPD) code was JCC and the RE code was RE-4.

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 16-8 applies to early separation due to reduction in force, strength limitations, or budgetary restraints.  Soldiers may be separated prior to expiration of enlistment of fulfillment of active duty obligation when specifically authorized.  

Army Regulation 600-200, chapter 4, 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 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, the DA promotion selection boards regularly screen records for grades E-5 through E-9.  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 United States 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.  RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.  This includes anyone with a DA-imposed bar to reenlistment in effect at the time of separation.

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 this requirement.

2.  RE-4 is and has been the proper RE code for a soldier discharged, either voluntarily or involuntarily, with a DA QMP bar to reenlistment in place.  It is an exception to RE-3 for SPD code JCC.  Therefore, the applicant was properly assigned an RE code of RE-4.

3.  The Board notes the applicant’s letter submitted with his application outlining his successful accomplishments since separation from active duty.  The applicant is to be commended for his efforts.  However, these accomplishments do not provide the Board a basis upon which to grant relief.

4.  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

__wtm___  __tb____  __jtm____  DENY APPLICATION

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

INDEX

CASE ID	AR2000044596	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010403	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.