MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  30 March 2000
	DOCKET NUMBER:   AR1999030072

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Barbara J. Ellis		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Hubert O. Fry		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 code and reentry code be upgraded.

APPLICANT STATES:  In effect, with the changes going on in the Armed Services and the number of service members getting trained and not staying in the service, he was one that was going to stay and would still like to stay in the service if permitted.  He has learned over the past two years what the service meant to him.

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

That he enlisted in the ARNG on 30 June 1986 and then enlisted in the USAR on 2 June 1987 as an E-3 in the Delayed Entry Program.  He enlisted in the Regular Army on 30 June 1987 as a medical specialist.  He was advanced to E-4 on 
1 December 1988 and promoted to Sergeant E-5 on 1 September 1992.  He was awarded six Army Achievement Medals (the first one on 16 July 1990 and the last one on 8 May 1995), one Army Commendation Medal (16 February 1992), and one Good Conduct Medal on 29 June 1990.

The applicant received two substandard Noncommissioned Officer Evaluation Reports (NCOER) as an E-5, one for the period September 1993 to May 1994 and one for June 1994 to May 1995.  These NCOERs were cited by a DA Qualitative Management Program (QMP) Board as the basis for imposing a Headquarters, Department of the Army (HQDA) Bar to Reenlistment on the applicant.  A 16 April 1996 letter from the U.S. Army Enlisted Records and Evaluation Center informed the applicant of the HQDA imposed Bar to Reenlistment under the QMP program.  The letter gave the applicant five options: appeal the QMP decision; not appeal and be separated in 90 days; not appeal and request a specific separation date; retire if qualified with 20 or more years of service; or apply to be retained in the service to 20 years if the soldier had a least 17 years 9 months of service.  The applicant elected to not appeal and to be separated in 90 days.  On 13 August 1996, the applicant was honorably discharged by reason of reduction in force under separation authority of Army Regulation (AR) 635-200, paragraph 16-8, early separation due to reduction in force.  His DD Form 214, Certificate of Release or Discharge from Active Duty, shows the separation code in box 26 as “JCC” and the reentry code in box 27 as “4”.  At the time of discharge, the applicant had served 9 years, 1 month, and 
14 days in the active service and 2 years, 5 months, and 17 days in the inactive service.

According to AR 635-5-1, Separation Program Designator Codes, Table C-1, the correct code for separation by reason of reduction in force is “JCC”.  According to AR 635-5, Table 2-3, note 2b, “When a soldier separates with a HQDA Bar to Reenlistment under the Qualitative Management Program (QMP), use RE-4.”
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 elected not to appeal his HQDA Bar to Reenlistment and to be discharged in 90 days.  He had no other choice but to appeal the QMP selection and the HQDA Bar to Reenlistment, or request a modified discharge date.

2.  The separation code “JCC” and the reentry code “4” on the applicant’s discharge are correct.  There is no error or injustice in these codes or in the applicant’s discharge under QMP.

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

__BE___  ___EL___  ___HF___  DENY APPLICATION

						Karl F. Schneider
				    Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030075	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000330	
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.