MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 October 2002
	DOCKET NUMBER:   AR2002070090

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, Jr.		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:  In effect, that his separation from the Active Guard Reserve (AGR) program under the AGR Qualitative Management Program (QMP) be reversed, and that his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to show a separation authority in Block 25 and a reentry eligibility (RE) code other than RE-4 in Block 27.

APPLICANT STATES:  That he was involuntarily separated from the AGR program because his QMP appeal packet was not forwarded from the 99th Regional Support Command (RSC) to the Army Reserve Personnel Command (AR-PERSCOM).  He adds that his DD Form 214 does not contain a separation authority and that he has an RE code of RE-4.

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

He was a Staff Sergeant (SSG/E-6) serving in an AGR assignment.  He was barred from reenlistment by a QMP board that convened on 29 February 2000.  The applicant's chain of command notified him of his Department of the Army (DA) bar to reenlistment on 29 August 2000.  He acknowledged notification and indicated that he would appeal and that he had 90 days to do so.  He also acknowledged that, if his appeal were not received within 90 days, he would be separated at the expiration of his current term of service.

There is no record that the applicant ever appealed his DA-imposed bar to reenlistment under the AGR QMP.  He was separated on 7 May 2002.  His DD Form 214 lists his narrative reason for separation as "Non-retention on Active Duty" with a corresponding separation code of "JGH" and RE code of "4."

Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities, reasons for separation, and separation program designator codes to be entered on DD Form 214.  It states that soldiers separated for "Non-retention on Active Duty" will be given a separation code of "JGH" and an RE code of "4."  The narrative reason for separation will be listed as "AR 635-200, para 19-12."

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 was given a DA-imposed bar to reenlistment under the AGR QMP.  He was notified of this action on 29 August 2000 and he stated that he would appeal.  He has provided no evidence that he ever appealed, nor does the record contain such evidence.

2.  The applicant's DD Form 214 is correct as to his narrative reason for separation, separation code, and RE code.  Block 25 (Separation Authority) of his DD Form 214 should read "AR 635-200, para 19-12."  The Army Review Boards Agency Support Division - St. Louis will be advised to make the appropriate administrative correction.

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.

NOTE:  The Board notes that there is no separation authority quoted on the applicant's DD Form 214.  The Army Review Boards Agency Support Division - St. Louis is directed to issue a DD Form 215, Correction to DD Form 214, citing the separation authority as "AR 635-200, PARA 19-12."  The separation code, narrative reason for separation, and RE code are correct as shown.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fne___  __slp___  __eja___  DENY APPLICATION

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

INDEX

CASE ID	AR2002070090	
SUFFIX		
RECON		
DATE BOARDED	20021022	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.