ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  6 September 2019

	DOCKET NUMBER:  AR20170014278


APPLICANT REQUESTS: 

* his separation code be changed from “JGH” 
* reentry (RE) code be changed from “RE-4” 
* narrative reason for separation be changed from “non-retention on active duty”
* a personal appearance before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States)

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 states his narrative reason for separation should be changed from “non-retention on active duty”.  He states Advanced Leaders' Course (ALC) failure is not a reason for an RE-4 code.  He is now having a hard time getting hired by Homeland Security or for other government jobs because of this.  

3.  Review of the applicant’s service records shows: 

a. The applicant enlisted in the Regular Army on 13 June 2007.

b. On 12 March 2015, he was dismissed from ALC in accordance with Army 
Regulation 350-1, chapter 3, paragraph 15b (3) for academic deficiency demonstrated by failure to meet course standards.  

	c.  On 8 August 2016, the Qualitative Management Program (QMP) Selection Board conducted a comprehensive review of his record for potential denial of continued service under the QMP and recommended the applicant be denied continued active duty service.  The Director of Military Personnel Management approved the board's recommendation.  He was to be involuntarily discharged from the Army not later than 1 March 2017.
	
	d.  On 10 August 2016, he was notified that he have been denied continued service under the QMP.  

	e.  On 1 March 2017, the applicant was honorably discharged under the provisions of AR 635-200, chapter 4 (Separation for Expiration of Service Obligation), by reason of non-retention on active duty.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 9 years, 8 months and 19 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), AR 635-200, Chap 4”
* Item 26 (Separation Code), the entry “JGH” (involuntary discharge, non-retention on active duty)
* Item 27 (Reentry Code), the entry “4” (complete bar to reenlistment)
* Item 28 (Narrative Reason for Separation), the entry “Non-Retention on Active Duty”

4.  By regulation (AR 635-200), noncommissioned officers whose performance, conduct, and/or potential for advancement do not meet Army standards, as determined by the approved recommendations of HQDA centralized selection boards responsible for QMP screening, will be denied continued service.  Failure of a Noncommissioned Officer Education System course is a basis for selection under the QMP.  Soldiers denied continued service under the QMP may appeal and request retention on active duty based on improved performance and/or presence of a material error in the Soldier's record.  

5.  By regulation (AR 635-5-1) separation program designator (SPD) codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty.  Table 2-3 identified the following involuntary discharge SPD code JGH as non-retention on active duty and the regulatory authority AR 635-200, paragraph 19-12.  

6.  By regulation (AR 15-185), an applicant is not entitled to a hearing before the ABCMR.  Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR.  




BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the requested relief is not warranted.

The applicant failed a course required for advancement in grade in the Army.  As a result, he denied continued service under the QMP.  The separation code, RE code, and reason for separation recorded on his DD Form 214 accurately reflect the circumstances under which he was discharged.  The Board found no evidence of error or injustice that would support a recommendation for relief in this case.  
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.

	 
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 (AR) 635-200, paragraph 19-11, states:

	a.  Soldiers denied continued service under the QMP may appeal and request retention on active duty based on improved performance and/or presence of a material error in the Soldier's record.  The Soldier may submit only one appeal, and requests for reconsideration of denied appeals are not authorized.  The Soldier is permitted to include relevant material in support of the appeal.

	b.  Appeals are addressed by the QMP appeals board, normally conducted in conjunction with Headquarters, Department of the Army, Centralized Promotion Selection Boards, and this board considers all information previously reviewed by the QMP board, as well as any information included in the appeal.  The mere fact a Soldier's performance has improved, or that the Soldier's file contains a material error, is not necessarily sufficient to overcome the reason for QMP selection.

	c.  The appeals board may determine the reason for QMP selection still applies, even in the light of the improved performance or correction of an error.  Successful appeals result in removal of the denial of continued service determination.

3.  AR 635-5-1 (Separation Program Designation Codes) provides separation program designator (SPD) codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty.  Table 2-3 identified the following involuntary discharge SPD code JGH as non-retention on active duty and the regulatory authority AR 635-200, paragraph 19-12.  

4.  Army Regulation 635-8 (Personnel Separations - Separation Documents) prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214. The purpose of a separation document is to provide the individual with evidence of their military service at the time of separation.  

a. Block 24: Characterization of Service. Correct entry is vital since it affects a 
Soldier’s eligibility for post-service benefits. Characterization or description of service is determined by directive authorizing separation.  

   b.  Block 25: Separation Authority.  Obtain correct entry from regulatory directives authorizing the separation.

  c. Block 26: Separation Code.  Obtain the correct entry from AR 635–5–1, which provides the corresponding SPD code for the regulatory authority and reason for separation.  DOD Directive (DODD) 5400.07 will be used to deny the release of SPD code lists to the public.  Only the individual being separated is entitled access to his or her SPD code. It is not intended that these codes stigmatize an individual in any manner. They are intended for DOD internal use in collecting data to analyze statistical reporting trends that may influence changes in separation policy.

d. Block 27: Reentry Code. AR 601–210 determines reentry eligibility and provides
 regulatory guidance on reentry codes.  These codes are not applicable to officers, USMA cadets who fail to graduate, or to RC Soldiers being separated for other than cause. 

e. Block 28: Narrative Reason for Separation. This is based on regulatory or other 
authority and can be checked against the cross reference in AR 635–5–1.

6.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  

	a.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

	b.  The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions.  Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.

ABCMR Record of Proceedings (cont)	 AR20170014278


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