MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           18 November 1999                  
	DOCKET NUMBER:   AR1999022705

	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. Loren G. Harrell		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. James E. Anderholm		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 records be corrected to show that his Qualitative Management Program (QMP) separation was in error or unjust; that he be reinstated into the Army Reserve (USAR) Active Guard Reserve (AGR) Program with back pay and allowances (or reenlisted into the AGR with pay and allowances).  Further, he desires the placement of non-prejudicial remarks in his records to explain the non-rated period.  In the alternative, he requests to be placed on the retired list effective 1 February 1998.

APPLICANT STATES: Defers to counsel.

COUNSEL CONTENDS: Counsel provides 20 pages of argument concerning the applicant’s request for release from Basic Non-Commissioned Officer Course (BNCOC) for a preexisting medical condition; Advanced NCOC; an adverse Academic Evaluation Report (AER); marital problems; and, retirement.  He provides eight exhibits, consisting of 102 pages, 14 of which consisted of a prior case submitted by counsel on another applicant and eight pages of a Decree of Dissolution of Marriage.  The bulk of the documentation consists of military documents. 

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

On 28 July 1986, with 4 years, 10 months and 3 days of prior active service, the applicant entered active service as a member of the USAR AGR Program.

A memorandum, subject: DA Imposed Bar to Reenlistment under the USAR AGR QMP, dated 30 December 1996, advised the applicant that, after a comprehensive review of his Official Military Personnel File (OMPF), it had been determined that he was to be barred from reenlistment.  The memorandum provides the applicant with his rights and options.

The applicant appealed his USAR AGR QMP bar to reenlistment. (The appeal is not in the available records, however the circumstances are shown.)

On 1 October 1997, the applicant requested inclusion in the FY98 USAR Voluntarily Early Retirement Program (VERP), and if denied, an extension of active service until 31 January 1998, in order to retire on 1 February 1998.

On 23 October 1997, the Army Reserve Personnel Command extended his period of service until 31 January 1998, for the purpose of retirement.

On 25 November 1997, the Chief, Office of Promotions, Reserve Components, Total Army Personnel Command notified the applicant that his appeal to the USAR AGR QMP Bar appeal had been denied.

On 9 December 1997, the Chief, Army Reserve denied his request for the VERP because he did not meet the eligibility criteria.

On 22 January 1998, he requested voluntarily reassignment to the Army Reserve Control Group (Reinforcement) upon completion of his active service.

On 31 January 1998, he was honorably separated under Army Regulation 635-200, paragraph 16-8, based on reduction in force – qualitative early transition program.  He received $23,161.32 separation pay.  His Report of Separation indicates he had 16 years, 4 months and 6 days of creditable service.  He was reassigned to the USAR Control Group (Reinforcement), Army Reserve Personnel Command.

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.  No evidence of improper processing of the applicant’s DA imposed bar to reenlistment or separation proceedings could be identified.

2.  Counsel’s contentions have been noted; however, they are not supported by the application.  The cited case is not relevant to the applicant’s request, and it appears the applicant was properly separated. 

3.  The applicant has not shown that the contested reports contain any serious administrative deficiencies or was not prepared in compliance with applicable regulations and policy.

4.  The actions of the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

5.  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 the aforementioned requirement.

6.  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

________  ________  ________ DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022705	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.110	Reinstate to AD	
2.		
3.		
4.		
5.		
6.