MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           7 June 2000
	DOCKET NUMBER:  AR2000037375

	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	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. James P. Steuve		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 he be granted retirement based on his 18 and ½ years of military service.

APPLICANT STATES:  He was discharged after serving 18 and ½ years based on his inability to adjust.  He claims his problems were alcohol related but he was never offered the opportunity to participate in a rehabilitation program to eliminate the problem.  He concludes by indicating that his application is being submitted based on his current family and disability problems; and on the fact that he believes 18 and ½ years of service should qualify him for retirement. 

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

On 13 May 1983, the applicant was honorably discharged from the Army, in the rank of staff sergeant/E-6, after having served a total of 18 years, 5 months, and 20 days of active military service.  

During his service tenure the applicant completed five overseas tours, which included two tours in Germany, two tours in Korea, and a combat tour in Vietnam.  He also earned the following awards and decorations:  the Bronze Star Medal; the National Defense Service Medal; the Vietnam Service Medal; the Vietnam Campaign Medal; the Army Service Ribbon; the Armed Forces Expeditionary Medal; the Overseas Service Ribbon; the Vietnam Gallantry Cross /with Palm; and four Good Conduct Medals.

On 8 May 1979, the applicant was advised that his records had been reviewed by a Department of the Army (DA) Selection Board and after a comprehensive review of his file, the board determined, under the provisions of the Qualitative Management Program (QMP), that he was to be barred from reenlistment.  At the time of this initial notification the applicant had completed less than 15 years of active military service.  He was also provided a statement of the options available to him in connection with the action.  

Enclosed with the QMP notification was a list of documents from his Official Military Personnel File (OMPF) which the board indicated contributed to its decision to bar him from reenlistment.  This list included three Enlisted Records and Evaluation Center (EREC) Forms 10 for November 1972, 1973, 1975, and 1978 which showed a decline in evaluation scores that placed him below average for his military occupational specialty (MOS) and his grade and two below average Enlisted Evaluation Reports (EERs) covering the periods June through December 1971 and September 1976 through June 1977.  In addition, five (Article 15) nonjudicial punishment actions, that were accepted by the applicant between 1971 and 1977, were included as support for the QMP bar to reenlistment action.

The applicant elected to appeal the QMP action; however, the record is unclear on how much time he was provided to accomplish the action and what process he followed in processing the appeal action.  The record is void of any information in regard to what took place May 1979 when the applicant was notified of the QMP and when final action was taken on his appeal.  

While the record is incomplete on the subject, there is evidence that the applicant participated in and completed the Army Drug and Alcohol Prevention Control Program (ADAPCP).  This evidence is in the form of a DA Form 4465 (ADAPCP Military Client Intake and Follow-Up Record) prepared on the applicant in August 1981.  This form indicates that it was a program termination 360 day follow-up report.  It also documents that during the period of the report the applicant had been attending non-resident counseling, command consultations, and individual counseling and therapy.  The applicant’s efficiency and conduct was evaluated as fair by his commander and the counselor’s opinion of his program progress was also fair.  There was also an entry on the document that indicated that this concluded the reporting requirements of the program.  

On 7 May 1982, the applicant accepted nonjudicial punishment for being absent from his place of duty and for disobeying a lawful order from a lieutenant colonel by drinking beer.  His punishment for these offenses included a suspended reduction in rank to sergeant/E-5 and a forfeiture of $300.00.

The record does include a copy of the final appeal denial action published by the Army Personnel Command (PERSCOM), on 27 April 1983.  This document states that applicant’s appeal was reviewed by a DA reenlistment appeals board and was disapproved.  It also indicated that the disapproval was based on the applicant’s marginal performance, as reflected in his long history of incidents of misconduct and declining enlisted evaluation reports, especially in his current grade and enlistment.  It further stated that the applicant’s overall performance, conduct, and potential did not meet the standards expected of a soldier with his grade and experience.  The denial endorsement included a directive to discharge the applicant but provided authority to retain him until 13 May 1983, which would preclude unnecessary hardship in his out-processing for separation.

A DD Form 214 (Certificate of Release or Discharge From Active Duty) contained in the record verifies that the applicant was honorably discharged on 13 May 1983, in the rank of staff sergeant/E6.  The authority for the applicant’s separation was chapter 4, Army Regulation 635-200 and the reason for his separation was completion of required active service.  The separation program designator (SPD) code designated was JBK and the reentry (RE) code assigned was 4.

AR 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.  The SPD code of JBK was the appropriate code for the applicant based on the guidance provided in AR 635-5-1 for soldiers separating under the provisions of AR 635-200, chapter 4 for completion of required service if they are ineligible for, barred from, or otherwise denied reenlistment.  Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5 (Separation Documents) establishes RE Code 4 as the proper reentry code to assign to soldiers separated for this reason.

Army Regulation 600-200, chapter 4, in effect at the time, set forth policy and prescribed procedures for denying reenlistment under the QMP.  This program is based on the premise that reenlistment is a privilege for those whose performance, conduct, attitude, and potential for advancement meet Army standards. 

The QMP is designed to (1) enhance quality of the career enlisted force, 
(2) selectively retain the best qualified soldiers to 30 years of active duty,
(3) deny reenlistment to nonprogressive and nonproductive soldiers, and 
(4) encourage soldiers to maintain their eligibility for further service.  The QMP consists of two major subprograms, the qualitative retention subprogram and the qualitative screening subprogram.  Under the qualitative screening subprogram, records for grades E-5 through E-9 are regularly screened by the DA promotion selection boards.  The appropriate selection boards evaluate past performances and estimate the potential of each soldier to determine if continued service is warranted.  Soldiers whose continued service is not warranted receive a QMP bar to reenlistment.

Title 10, United States Code, section 3914 (Retirement for Length of Service-twenty to thirty years: enlisted members) provides the legal authority, for an enlisted member of the Army who has at least 20 but less than 30 years of service, to retire upon request for length of service.  The law in effect at the time had no provisions to approve the retirement of an enlisted member with less than 20 years. 

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 noted the applicant’s contention that he was separated after completing 18 and ½ years of service based on his inability to adjust.  However, the evidence of record shows that he was in fact identified under the QMP as a sub-standard performer and was barred from reenlistment by DA on that basis.  

2.  The Board considered the applicant’s contention that his problems were alcohol related but he was never offered help.  However, the evidence of record, while sketchy, does verify that he actually participated in an ADAPCP, which terminated with a 360 day follow-up report in August of 1981.  In the opinion of the Board, given the elapsed time between QMP notification and denial of the applicant’s appeal, it appears the QMP action was held in abeyance pending the outcome of the applicant’s rehabilitation.  

3.  The record shows that the applicant elected the option to appeal his DA bar to reenlistment under the QMP.  This action was reviewed by a properly constituted DA reenlistment appeals board, who ultimately disapproved the applicant’s appeal and directed his separation.  The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the QMP separation process. 

4.  The Board empathizes with the applicant’s desire to obtain some retirement benefit based on his over 18 years of honorable service.  However, the record shows that he was notified of the QMP action when he had less than 15 years of service.  He was then afforded every opportunity by the chain of command to rehabilitate and overcome the QMP bar to reenlistment on appeal.  He was placed in an ADAPCP program and he was retained in service for an additional 
3 or more years.  He failed to respond to these efforts, as evidenced by his acceptance of nonjudicial punishment in May 1982.  

5.  In addition, there was no legal authority, in effect at the time of his discharge, which would allow any payment of a retirement benefit to an enlisted member who had completed less than 20 years of active federal service.  Therefore, the Board has no basis on which to grant the retirement benefit requested by the applicant.  

6.  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.

7.  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

__esc___  __jps____  ___mkp _  DENY APPLICATION

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

INDEX

CASE ID	AR2000037375	
SUFFIX		
RECON		
DATE BOARDED	2000/06/07	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1983/05/13	
DISCHARGE AUTHORITY	AR 635-200 C4	
DISCHARGE REASON	ETS (QMP)	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  338	136.0000	
2.		
3.		
4.		
5.		
6.