MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 September 2001                   
	DOCKET NUMBER:   AR2001054465

	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. Luther L. Santiful		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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 her Department of the Army imposed bar to reenlistment under the Qualitative Management Program (QMP) be removed and her retirement be revoked.  

APPLICANT STATES:  That she took record Army Physical Fitness Tests (APFTs) both before and after the QMP and passed them all except for the time in 1997 when she was on profile.  She does not feel that the QMP was deserved although she understands how the board came to its conclusion.  Steps have been taken by her to correct the misconception.  Supporting evidence is as listed on the DA Form 149 except the QMP notification is not attached.

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

She initially served in the Regular Army from 22 July 1977 – 7 February 1983.  She enlisted in the U. S. Army Reserve (USAR) on 8 February 1983.  On an unknown date, she was ordered to active duty in an active guard/reserve (AGR) status. 

In the processing of this case, an advisory opinion was obtained from the Director, Full Time Support Management Directorate, U. S. Army Reserve Personnel Command (AR-PERSCOM).  That office stated that the applicant received a bar to reenlistment by a Department of the Army Qualitative Management Board that convened on 5 October 1999.  She elected to retire in lieu of appealing the board’s decision and would be released from active duty on 31 August 2001 at the expiration of her term of service.  Her request for retirement was received on 3 March 2001 with retirement effective 1 September 2001.  

A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  She did not respond within the given time frame.

Army Regulation 140-111 prescribes policies for the USAR Reenlistment Program.  In pertinent part it states that the QMP applies to sergeants through command sergeant majors serving on active duty in an AGR status and will result in a Department of the Army imposed bar to reenlistment for those who do not meet USAR AGR standards.  Soldiers selected for QMP action will complete the Statement of Options – U. S. Army Reserve, Active Guard Reserve (AGR) Program, DA Form 8029-R.  Appeals must be submitted within 90 days of completion of the Statement of Options.  Soldiers who choose not to appeal will be allowed to request release from active duty or discharge at anytime.  A soldier who has 18 or more years of Active Federal Service on the effective date of the bar to reenlistment memorandum may be extended to reach retirement eligibility.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  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.

2.  The advisory opinion indicated that the applicant had the opportunity to appeal the bar to reenlistment but elected to retire instead.  She does not explain or provide any evidence to show what “steps” she has taken to correct the “misconception.”

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

__lls___  __mhm___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001054465	
SUFFIX		
RECON		
DATE BOARDED	20010906	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.06	
2.		
3.		
4.		
5.		
6.