1. Applicant's Name: a. Application Date: 15 August 2018 b. Date Received: 27 September 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a reentry eligibility (RE) code change. The applicant seeks relief contending, in effect, a RE code change from a 4 to a 3, will allow the applicant to join the USAR Component. The applicant was discharged from the AGR program on 2 November 2017. The applicant states, MILPER Message Number 17- 308, paragraph f, section 3, Involuntary discharge states: Soldiers who are not eligible for retirement and are involuntarily discharged, will have their DD Form 214 coded with SPD code "JGH" and reenlistment eligibility code of "RE-3." In a records review conducted at Arlington, VA on 8 May 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Non-Retention on Active Duty / AR 635-200 / Chapter 4 / JGH / RE-4 / Honorable b. Date of Discharge: 1 November 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 16 May 2017 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 May 2014 / 6 years (AGR) b. Age at Enlistment / Education / GT Score: 31 / Some College / NIF c. Highest Grade Achieved / MOS / Total Service: E-7 / 91X40, Maintenance Supervisor / 17 years, 5 months, 19 days d. Prior Service / Characterizations: USAR, 13 May 2000 - 24 July 2004 / NA IADT, 30 August 2000 - 19 January 2001 / HD (Concurrent Service) AGR, 25 July 2004 - 12 May 2008 / HD AGR, 13 May 2008 - 11 May 2014 / HD e. Overseas Service / Combat Service: SWA / Kuwait (12 May 2006 - 13 May 2007) f. Awards and Decorations: NDSM, GWOTSM, ICM-CS, ASR, OSR, AFRMM g. Performance Ratings: 10 September 2013 - 9 September 2014 / Fully Capable 7 September 2015 - 11 January 2016 / Highly Qualified 12 January 2016 - 11 January 2017 / Highly Qualified h. Disciplinary Action(s) / Evidentiary Record: Department of the Army Notification for Potential Denial of Continued Active Duty Service under the Qualitative Management Program (QMP), dated 18 November 2016, reflects the Department of the Army QMP Board would convene on 7 February 2017, to consider the applicant for separation as a result of information received for permanent filing in your Army Military Human Resource Record (AMHRR). The document which lead to the initiation of this process: FAILED SLC-2016-03-04. Orders C-05-706685, dated 12 May 2017, reflects the applicant was reattached to the Commander, Fort Irwin, for separation processing. He was released from Active Guard Reserve duty effective: 1 November 2017. Orders D-05-790092, dated 16 May 2017, reflects the applicant was involuntarily discharge from the United States Army Reserve / Active Guard Reserve, effective 1 November 2017. Service School Academic Evaluation Report, dated 3 March 2016, reflects the applicant failed to achieve course standards. The applicant was dismissed from the course for failing the Army Physical Fitness Test (APFT). Justification Memo For Exception to Policy, dated 21 June 2017, reflects the applicant requested and: "exception to policy to be retain[ed] in the Ready Reserve. [The applicant] was currently an AGR Soldier and [he had] received QMP notification that [he was] to be separated on 1 November 2017. At the time of separation, [he would] have 17 years 5 months and 20 days of service. [The applicant was] being separated for failure to complete SLC...Granting this request [would] allow [him] to finish honorably serving [the] country". Erroneous Notification for Potential Denial of Continued Active Duty Service under the QMP (memo), dated 12 October 2016, reflects in pertinent part, the applicant was being considered under the FY17 QMP, as outlined in MILPER Message 16-251, dated 7 September 2016. The reason given for the QMP consideration reflects the applicant failed to graduate NCOES with 36 months Time in Grade (TIG). The applicant's DD Form 214, reflects he was not transferred to the USAR Control Group and he did not have a Reserve Obligation Termination Date. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; MILPER Message Number 17-308; Justification Memo for Exception to Policy; DA Form 4187; Orders C-05-706685; Orders D-05-790092; Email request for retention; DA Form 1059; Patient Discharge Summary; DD Form 689; Erroneous Notification memo; Mitigating Circumstances AER memo; QMP Notification FY17 memorandum. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 19 contains policies and procedures for voluntary and involuntary separation, for the convenience of the Government, of RA NCOs and USAR NCOs serving in AGR status, under the QMP. NCOs 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. Paragraph 19-12 applies to Soldiers who choose not to appeal the QMP selection for denial of continued service, or whose appeal is denied, will be involuntarily discharged. Soldiers who elect to appeal but fail, without compelling justification, to submit the appeal within the time prescribed by paragraph 19-11b, will also be involuntarily discharged. Army policy states the service of personnel separated under this paragraph will be characterized as honorable. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JGH" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 19, paragraph 19-12, non-retention on active duty. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JGH" will be assigned an RE Code of 4. MILPER Message Number 16-251, Procedures for the FY17 Qualitative Management Program (QMP), paragraph 8e(3), stipulates: Involuntary discharge: Soldiers who are not eligible for retirement and are involuntarily discharged will have their DD Form 214 coded with SPD code "JGH" and reenlistment eligibility code "RE-4". 8. DISCUSSION OF FACT(S): The applicant requests a reentry eligibility (RE) code change. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of his service was consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 4, by reason of Non-Retention on Active Duty, with a characterization of service of Honorable. The Separation Code reflects "JGH," and Reentry Code of "4". The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, AR 635-200, Chapter 4. The evidence of the record reflects the applicant was involuntarily separated under the Qualitative Management Program (QMP). Soldiers involuntarily separated as the result of a QMP board, will be separated under the provisions of Army Regulation 635-200, Chapter 19, paragraph 19-12, non-retention on active duty. The applicant contends his RE code should be changed to reflect a "3" based on the procedures outlined in MILPER Message Number 17-308. However, the evidence of the record reflects the applicant was processed under the procedures outlined in MILPER Message Number 16-251. Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table; and, MILPER Message Number 16-251, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. Notwithstanding the administrative error, based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 8 May 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20180012589 1