MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 August 2000                   
	DOCKET NUMBER:   AR2000041265

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Kenneth W. Lapin		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:  That his records be corrected to show he extended his enlistment an additional 2 years in 1977 and that he separated in September 1979.

APPLICANT STATES:  That the Ku Klux Klan forced him out of the service in 1977 after he had signed an extension of his enlistment.  He provides no supporting evidence.

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

After having had prior service in the Regular Army from 1965 – 1968 during which period he served 18 months in Vietnam as an 11C1P, ammunition bearer, he reenlisted in the Regular Army on 23 July 1968.  

The applicant last reenlisted on 21 September 1973 for 4 years.  He was promoted to Sergeant (SGT), E-5 on 4 October 1973.

There are no documents in the applicant’s Official Military Personnel File to show he extended his enlistment of 21 September 1973.

On 8 April 1977, the applicant was notified that his records had been reviewed by a recent Standby Enlisted Advisory Board and that the board determined that he was to be barred from reenlistment under the Qualitative Management Program. The notification letter cited four recent Article 15s (June 1971, January 1974, June 1975, and June 1976) and two enlisted evaluation reports (ending periods November 1975 and February 1976) that showed his declining efficiency and performance to a substandard level as the documents upon which the board based its decision.  

On 27 September 1977, the applicant was honorably discharged upon completing his normal expiration term of service.  He had completed 12 years and 3 days of creditable active service and had 1 day of lost time.  His Report of Separation from Active Duty, DD Form 214, shows he had been retained in the service for 5 days for the convenience of the Government.

Army Regulation 600-200 at the time set forth the 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.  It is designed to (1) enhance the 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.
Reenlistments (or extensions of reenlistments) on or after the date of the bar memorandum are erroneous.

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.  There is no evidence of record to show the applicant extended his 4-year enlistment of 21 September 1973.  If he had extended after 8 April 1977, the date of his bar to reenlistment memorandum, the extension would have been erroneous and then the extension would not have been retained for filing as it was not valid.  

2.  There is no evidence of record to support the applicant’s contention that he was “forced” out of the service.  The evidence of record shows that it was his disciplinary record and declining level of performance, extending over a number of years, that led to his bar to reenlistment.  He was subsequently discharged upon completing his normal expiration term of service.

3.  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

__ew____  __mvt___  __kwl___  DENY APPLICATION

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

INDEX

CASE ID	AR2000041265	
SUFFIX		
RECON		
DATE BOARDED	20000822	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	112.03	
2.		
3.		
4.		
5.		
6.