MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            29 May 2003
	DOCKET NUMBER:   AR2003087717

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Frank C. Jones		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:  Correction of appropriate military records to show a reentry (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

APPLICANT STATES:  That he would like to rejoin the military to defend his country in this time of crisis.  He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) as supporting evidence.

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

He enlisted in the Regular Army on 10 July 1984.  He had continuous service until his separation.  He was promoted to Staff Sergeant, E-6 on 1 March 1997.  He was assigned to the Fort Lee, Virginia, Noncommissioned Officer Academy as a Small Group Leader around July 1998.

On or about 5 October 1999, the applicant was given a memorandum of reprimand for attempting to initiate an inappropriate personal relationship with at least two female students and for asking one of them to lie about his behavior.

The applicant submitted a statement in rebuttal.  He asserted that all allegations made against him were false and were based upon his willingness to be tough in disciplining the students.  

The Fort Lee commanding general reviewed the applicant's statement in rebuttal and directed the reprimand be filed in the applicant's Official Military Personnel File.

The applicant's noncommissioned officer evaluation report (NCOER) for the rating period July through October 1999 contains several adverse comments concerning the inappropriate relationship incident.

On 31 August 2000, the applicant was recommended for a Qualitative Management Program (QMP) bar to reenlistment.  The NCOER for the rating period July through October 1999 and the memorandum of reprimand were identified as the documents used as the basis for the bar.  

The applicant appealed the QMP bar to reenlistment (the appeal is not available). On 9 April 2001, he was notified that his appeal was disapproved and that he would be required to separate 90 days after receiving pre-separation counseling; that the narrative reason for his separation would be "non-retention on active duty;" that his separation code would be "JGH;" and that his RE code would      be "4."

The applicant was honorably discharged on 5 September 2001, under the provisions of Army Regulation 635-200, paragraph 19-12, in pay grade E-6, with a reentry code of 4.  His separation designator code of “JGH” indicates this was an involuntary discharge under the provisions of Army Regulation 635-200, paragraph 19-12.  He had completed 17 years, 1 month, and 26 days of creditable active service and had no lost time.  

Army Regulation 635-200, chapter 19, contains policy and procedures for voluntary and involuntary separation, for the convenience of the Government, of Regular Army NCOs and U. S. Army Reserve NCOs serving on Active Guard/Reserve status, under the QMP.  NCOs whose performance, conduct, and/or potential for advancement do not meet Army standards as determined by the appropriate recommendation of Headquarters, Department of the Army centralized selection boards responsible for QMP screening will be denied continued service.  It is designed to (1) enhance the quality of the career enlisted force, (2) selectively retain the best qualified soldiers, (3) deny continued service to nonproductive soldiers, and (4) encourage soldiers to maintain their eligibility for further service.

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 code 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.  

The Separation Program Designator Code (SPD)/Reentry (RE) Code Cross-Reference Table dated March 2001 states that RE code 4 will be used for soldiers discharged under the QMP.

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.  In view of the fact the applicant was denied reenlistment under the QMP, the assigned reentry code of 4 was and still is appropriate.  The applicant was disqualified from reenlistment and the disqualification is not waivable.

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

__lls___  __le____  _fcj      ____  DENY APPLICATION

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

INDEX

CASE ID	AR2003087717	
SUFFIX		
RECON		
DATE BOARDED	20030529	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.