MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  22 February 2001
	DOCKET NUMBER:  AR2000046125

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Ted S. Kanamine		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 expunge a DA (Department of the Army) Bar to Reenlistment, an NCOER (Non-commissioned Officer Evaluation Report) and USAEREC Form 211 (sic) with reinstatement to active duty.

APPLICANT STATES: That he is appealing the DA imposed Bar under the Qualitative Management Program (QMP) because the basis for the action no longer exists.  He does not believe he met the criteria for a DA imposed bar to reenlistment.  He indicates he was experiencing a temporary weight control problem after being injured while attending an Army school.  He indicates that, during his weight control problem, he was in Korea and could not cook his own food.  He submits a copy of his appeal of the bar to reenlist letters from his previous commanders, and other documents in support of his request. 

EVIDENCE OF RECORD: The applicant's Official Military Personnel Record is void of evidence concerning his medical condition; however, the available military records show:

On 21 March 1983, he enlisted in the Army.  He completed his required training and was awarded military occupational specialty 95B (Military Police).  He was promoted to pay grade E-6 effective 1 June 1989.

During the periods 6 August 1983 to 5 February 1985 and 22 February 1993 to 19 February 1995, he served in Germany.

During the periods 31 October 1986 to 29 October 1990 and 3 February 1998 to 4 February 1999, he served in Korea.

The available NCOER’s for his last 4 years of active duty show:

	Apr 96 – Mar 97	within weight limitations (200 lb) with a physical profile

	Apr 97 – Dec 97	within weight limitations (184 lb) with a physical profile

	Jan 98 – Nov 98	failed weight control (212 lb)

	Dec 98 – Nov 99	failed weight control (223 lb)

On 30 August 1999, he was notified that the CY99 Sergeant First Class/ANCOC Promotion/Selection Board, after a comprehensive review of his OMPF, determined that he was to be barred from reenlistment.

On 18 October 1999, he submitted an appeal to the Army Enlisted Records and Evaluations Center requesting that the bar be lifted.  That correspondence is not a matter of record.

On 24 July 2000, the applicant was honorably discharged, in pay grade E-6, under Army Regulation 635-200, chapter 16-8, based on a reduction in force.  His separation document indicates he had 17 years, 4 months and 2 days of creditable service.  He received $23,343.84 special separation pay.

His separation document also shows he last completed the Primary Leadership Development Course in 1986, the Basic Noncommissioned Officer Course in 1988, a 2 week Custodians Course in 1993, and a 2 week Air Assault Course in 1995. 

There is no record of a USAREC Form 211 in his records.

In the absence of evidence to the contrary, a presumption of regularity applies that the records of the individual concerned are correct.

Army Regulation 601-280, chapter 10, sets forth policy and prescribes 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.

Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-8 indicates, in pertinent part, that when authorization limitations, strength restrictions, or budgetary constraints require the size of the enlisted force to be reduced, the Secretary of the Army, or his designee, will authorize voluntary or involuntary early separation under the authority of 10 United States Code 1169 or 1171.  The Commander, Total Army Personnel Command will implement this program by issuing separation instructions pertaining to a specific class or category of soldiers.  Soldiers who are within 2 years of qualifying for retirement per chapter 12 on the scheduled separation date will not be processed unless directed by the Secretary of the Army.

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 evidence of record clearly shows the applicant had a physical profile during the period April 1996 to December 1997; however, there is no indication of his physical restrictions.

2.  The evidence of record shows the applicant did not have a physical profile during the period January 1998 to November 1999, the period he failed to achieve satisfactory weight control.  The applicant has not shown he had a physical profile during the period 3 February 1998 to 4 February 1999, while assigned to Korea.

3.  Contrary to the applicant’s claim that he was experiencing a temporary weight control problem, a period of approximately 2 years is not acceptable as temporary.

4.  The applicant’s statement that he began experiencing his weight control problem and issuance of a physical profile after an injury in an Army school would indicate his problem began prior to 1996.  This has also not been shown.

5.  He has not shown error or injustice concerning a contested NCOER or the bar to reenlistment, nor has he shown injustice or justification to substantiate reinstatement to active duty. 

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 this 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

_ro____  ___sk__  ___tk___  DENY APPLICATION

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

INDEX

CASE ID	AR2000046125	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010222	
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	DA Bar	
2.		
3.		
4.		
5.		
6.