MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  26 March 2002
	DOCKET NUMBER:  AR2001063935

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. George Paxson		Chairperson	
	Ms. Deborah Jacobs		Member	
	Mr. Ronald E. Blakely		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 Reentry (RE) Code of “4” be changed to RE “3.”

APPLICANT STATES:  That his RE code of “4” was unjust and too harsh due to his honorable discharge, that his Separation Program Designator (SPD) Code of “JCC” applies to reduction in force, and that his record was not that bad in order to receiver a code of this nature.  He also states that his RE Code should be change to a more favorable code in order to enlist in the Army National Guard.  In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and two character reference letters.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 26 July 1983.  He was promoted to the pay grade of E-5 effective 13 November 1989.

On 10 July 1993, the applicant was notified of his Headquarters Department of the Army (HQDA) bar to reenlistment under the Qualitative Management Program (QMP) and elected not to submit an appeal.  The basis for the determination was three Noncommissioned Officer Evaluation Reports (NCOER) which indicated that he displayed weaknesses in performance and efficiency and one Article 15, Uniform Code of Military Justice (UCMJ), for discipline.

The applicant was honorably discharged on 3 November 1993, under the provisions of Army Regulation 635-200, chapter 16-8, due to reduction in force.  He had completed 10 years, 3 months, and 8 days of creditable service.

Item 27 (Reenlistment Code) of the applicant’s DD Form 214 shows the entry “4” and item 26 (Separation Code) shows the entry “JCC.”

The two character reference letters provided by the applicant attest to his excellent character, performance, hard work, and dedication to assigned tasks.  He was commended for his strong work ethics and reliability. 

Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 16-8 of this regulation sets forth the requirements for early separation of enlisted personnel due to reduction in force, strength limitations, or budgetary constraints.  The service of personnel separated under this paragraph will be characterized as honorable.

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 US 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–4 applies to persons not qualified for continued service by virtue of being separated from the service with non-waivable disqualifications such as persons with a HQDA bar to reenlistment.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial
punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapter 9, 10, 13, 14, and 16 of Army Regulation 635-200.

Army Regulation 635-5-1 states that SPD codes are three-character alphabetic combination, which identify reasons for, and types of separation from active
duty.  The primary purpose of SPD codes is no provide statistical accounting of
reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of 
separation data.  It notes that “JCC” is the appropriate SPD code for individuals
separated upon completion of an enlistment contract but who are “ineligible for, barred from, or otherwise denied reenlistment….”

A “cross-reference” chart, provided by officials from the separations branch at the U.S. Total Army Personnel Command, shows that generally an “RE-3” is the appropriate RE code for individuals who receive an SPD code of JCC.  However, that same chart shows that individuals discharged under QMP will receive an RE Code of 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 Board notes that the RE-4 is consistent with the basis for his separation and in this case finds no basis to correct the existing code.

2.  The type of discharge directed and the reasons for that separation were appropriate considering all of the facts of the case.

3.  The applicant has failed to show, through the evidence submitted with his application or the evidence of record, that his separation under QMP which resulted in his receiving an RE code of RE “4” was in error or unjust.  The character reference letters, while commendable, are not a sufficient basis to change his RE code.
4.  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.

5.  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

__gp___  ___dj___  ___rb___  DENY APPLICATION

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

INDEX

CASE ID	AR2001063935	
SUFFIX		
RECON		
DATE BOARDED	20020326	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19931103	
DISCHARGE AUTHORITY	AR 635-200,  C 16	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  4		
2.		
3.		
4.		
5.		
6.