ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 June 2019 DOCKET NUMBER: AR20170004685 APPLICANT REQUESTS: * his separation code be changed from “JGH” to “JBK” * reentry (RE) code changed from “RE-4” to “RE-1” * narrative reason for separation changed from “non-retention” to “expiration of service obligation” APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Attorney Letter, dated 27 December 2016 * Addendum for Issues for Expanded Narrative * Noncommissioned Officer Evaluation Report (NCOER) * Notification for Qualitative Management Program (QMP) * Evaluation Report Appeal, dated 29 November 2016 * Nonrated Time Statement, dated 29 November 2016 * Enlisted Special Review Board (ESRB) Record of Proceedings FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant requests to have his RE code changed from “4” to "1" or other code that will not interfere with or disqualify him from reenlistment or reentry onto active duty. He states his separation code should be changed from “JGH” to “JBK” or other code that will not interfere with or disqualify him from reenlistment or reentry onto active duty. a. The applicant states his narrative reason for separation should be changed from “non-retention on active duty” to “expiration of service obligation” or other reason that will not interfere with or disqualify him from reenlistment or reentry onto active duty. a. b. He also states he was discharged pursuant to the Army Qualitative Management Program (QMP) process based on a single noncommissioned officer evaluation report (NCOER). He appealed the filing of the NCOER to the Enlisted Special Review Board (ESRB) on the basis of administrative and substantive errors. He was later notified that the NCOER would be removed from his record and a non-rated statement would be inserted in its place. c. The applicant’s appeal and the board’s favorable decision was that the applicant was improperly and impermissibly rated by a member that was junior in grade. 3. Review of the applicant’s service records shows: a. The applicant enlisted in the Regular Army on 20 September 1999. b. During July 2015, he received a n annual NCOER for the rating period 30 July 2014 through 29 July 2015, that showed ratings of "Needs Improvement," "Marginal," and "Fair." c. On 8 December 2015, he was notified that a Department of the Army Qualitative Management Program (OMP) board would convene on 1 March 2016 to consider him for separation as a result of information received for permanent filing in his official file: (the derogatory NCOER). d. The applicant applied to the ESRB on 16 August 2016, requesting the contested NCOER be removed from his record and replaced with a corrected NCOER. e. Before his ESRB case was adjudicated, the applicant was honorably discharged on 1 November 2016 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4, by reason of non-retention on active duty. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 17 years 1 month and 12 days of active service during this period. The applicant’s DD Form 214 shows in: * Item 24 (Character of Service), honorable * Item 25 (Separation Authority), Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chap 4” * Item 26 (Separation Code), the entry “JGH” * Item 27 (Reentry Code), the entry “4” * Item 28 (Narrative Reason for Separation), the entry “Non-Retention on Active Duty” f. On 15 November 2016, the ESRB by unanimous vote, determined that the evidence submitted was sufficient to warrant full relief. As a result, the ESRB a. determined the following actions should be taken regarding the NCOER with the rating period 30 July 2014 through 29 July 2015: * the contested NCOER be removed from the appellant’s Army Military Human Resources Records (AMHRR) * insert a memorandum in the appellant’s AMHRR annotating the period 30 July 2014 through 29 July 2015, as non-rated time * promotion reconsideration is not warranted * removal of all associated appeal documentation, and/or investigations and inquiries relating to the evaluation report in question be removed from the appellant’s AMHRR 5. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 4, in effect at the time set forth policy and prescribed procedures for denying reenlistment under the QMP. That program was based on the premise that reenlistment was a privilege for those whose performance, conduct, attitude, and potential for advancement met Army standards. It was designed to enhance the quality of the career enlisted force, selectively retain the best qualified Soldiers to 30 years of active duty, deny reenlistment to non-progressive and nonproductive Soldiers, and encourage Soldiers to maintain their eligibility for further service. 6. AR 635-5-1 (Personnel Separation – Separation Program Designator (SPD) Codes) appendix c shows regulatory authority AR 635-200, paragraph 19-2 a, as narrative reason for QMP, and AR 635-200 paragraph 16-4 shows non-retention on Active Duty. 7. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory or other directives), reasons for separating Soldiers from active duty, and the separation codes to be entered on the DD Form 214. It indicates that a separation under the provisions of Army Regulation 635-200, chapter 4, for an Army, Air Force Expeditious Discharge the separation code "JGH, with a corresponding RE code of "4." BOARD DISCUSSION: After review of the application and all evidence, the Board determined relief is not warranted. The separation codes and narrative reason for discharge were appropriate for the QMP separation. Although the NCOER was removed, there is no evidence showing that was the only factor leading to his QMP. The Board concluded that if the NCOER was the only factor and subsequently removed, he would have been retained since the NCOER would have no longer counted. Therefore, the Board concluded thre was no error or injustice which would warrant changing the separation codes or narrative reason for separation. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 6/12/2019 X CHAIRPERSON Signed by: I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory or other directives), reasons for separating Soldiers from active duty, and the separation codes to be entered on the DD Form 214. It indicates that a separation under the provisions of Army Regulation 635-200, chapter 4, for an Army, Air Force Expeditious Discharge the separation code "JGH." a. The separation code "LBK" is the correct code for Soldiers involuntarily separated for completion of required active service under the provisions of Army Regulation 635- 200, chapter 4. This code is used for Regular Army Soldiers, except those with a Declination of Continued Service Statement (DCSS) in force, who are ineligible for, barred from, or otherwise denied reenlistment who are separated on completion of enlistment. b. The separation code "JGH" is the correct code for Soldiers separated from last period of Service with a nonwaivable disqualification. This includes anyone with a Department of the Army imposed bar to reenlistment in effect at time of separation, or separated for any reason (except length of Service retirement) with 18 or more years active federal service under the provisions of Army Regulation 635-200, chapter 4. This code is used for Regular Army Soldiers ineligible to reenlist. 3. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Regular Army and Reserve Component Soldiers. This cross reference table, dated 8 February 2011, shows the separation codes and corresponding RE codes in effect at the time of the applicant's separation. The separation code "JGH" has a corresponding RE code of "4," while the separation code "JBK" has a corresponding RE code of "1." 4. Army Regulation 635-200 provides 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.