RECORD OF PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           3 February 2004                  
	DOCKET NUMBER:   AR2003089841

	I certify that hereinafter is recorded the true and complete record of the proceedings 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:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Regan K. Smith		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, transfer to the Ready Reserve.  

2.  The applicant states, in effect, that he was serving on active duty in an Active Guard Reserve (AGR) status when he was notified that he had been identified for separation under the Qualitative  Management Program (QMP).  He claims that he had completed at least 17 years and 9 months of qualifying service for 
non-regular retired pay purposes at the time he was notified of the QMP action.  As a result, he should have been allowed to transfer to the United States Army Reserve (USAR) to complete the 20 years necessary to qualify for non-regular retired pay.  

3.  In support of his application, the applicant provides a self-authored statement, a copy of a Statement of Service (DA Form 1506), dated 19 February 2002, and a copy of his 16 August 2002 active duty separation document (DD Form 214).  He also refers to the regulatory guidance on the separation of AGR soldiers with at least 17 years and 9 months, but less than 20 years of qualifying service for non-regular retired pay.  

CONSIDERATION OF EVIDENCE: 

1.  The applicant initially entered the USAR on 16 March 1984 and served in that status until 9 March 1986.  On 13 March 1986, he entered the Regular Army and he served on active duty in that status until 10 March 1989.  On 11 March 1989, he reentered the USAR and served in a Troop Program Unit (TPU)  until 8 April 1995.  On 9 April 1995, he entered active duty in an AGR status.  

2.  On 26 July 2001, the applicant was notified that a Department of the Army AGR QMP Board convened on 27 April 2001 and, after a comprehensive review of his Official Military Personnel File (OMPF), it denied him continued service.  The applicant was provided a copy of a Statement of Options (DA Form 4941-R) with the QMP notification.  On 13 September 2001, he completed this form and elected to submit an appeal to the QMP action.  

3.  On 26 February 2002, a Standby Advisory Board (STAB) convened to consider USAR AGR QMP appeals.  The STAB recessed on 14 March 2002 and was approved by the Deputy Chief of Staff for Personnel on 1 April 2002.  After careful review of the applicant’s record, the STAB disapproved his appeal and directed that the provisions of chapter 19, Army Regulation 635-200 be complied with.  

4.  A DA Form 1506 prepared on 8 July 2002, by Army Reserve Personnel Command (ARPERSCOM) officials shows that the applicant completed a total of 11 years, 2 months, and 13 days of active military service and 18 years, 
5 months, and 1 day of military service.  

5.  On 16 August 2002, the applicant was discharged under the provisions of paragraph 19-12, Army Regulation 635-200, by reason of non-retention on active duty.  At the time of his discharge, he held the rank of sergeant and he had completed 7 years, 4 months, and 8 days on his current period of active duty service.  

6.  The Retirement Points Accounting System (RPAS) statement of service prepared by ARPERSCOM was last updated on 1 October 2002.  This document covers all the applicant’s military service from 16 March 1984 through 29 August 2002.  It confirms that during his entire period of military service, he completed 16 years of creditable service for Reserve retirement.  

7.  Army Regulation 635-200 contains the policy for the separation of enlisted personnel.  Chapter 19 contains the policy on the QMP process.  Section IV contains separation provisions.  Paragraph 19-12 states, in pertinent part, that soldiers whose QMP appeals are denied, will be involuntarily discharged.  Such discharge will occur 90 days after the soldier receives pre-separation counseling, which may be scheduled before a final determination of discharge has been made or as soon as possible after a final determination has been made.  

8.  Paragraph 19-13 of the separation regulation states, in pertinent part, that AGR soldiers with at least 17 years, 9 months, but less than 20 years, of qualifying service for non-regular retired pay at the time of notification of QMP selection, whose ETS occurs prior to the 20-year point, may extend their enlistments for the minimum period required to qualify for non-regular retirement. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that he completed at least 17 years and 9 months of qualifying service for non-regular retired pay and should have been allowed to continue his service in the Ready Reserve until completing 20 years was carefully considered.  However, while the applicant had completed a total of 
18 years of military service, as evidenced by the last RPAS statement of service completed on the applicant, only 16 of those years were creditable service for Reserve retirement.  

2.  The regulatory provisions allowing AGR soldiers to extend to complete 
20 years of qualifying service is applicable only to those members who have completed at least 17 years and 9 months of creditable qualifying service for 
non-regular retirement purposes, the operative term being qualifying service.  It is not applicable to those who completed 18 total years of service, but have less than that number of qualifying years for Reserve retirement purposes.  Further, the qualifying service criteria must be met at the time of QMP notification, time spent in the appeal process is not applicable.  

3.  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.

BOARD VOTE:

________  ________  ________    GRANT RELIEF 

________  ________  ________    GRANT FORMAL HEARING

_RKS___  __SAC___  __CLG___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

		Samuel A. Crumpler
		   CHAIRPERSON

INDEX

CASE ID	AR2003089841	
SUFFIX		
RECON		
DATE BOARDED	2004/02/03	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	2002/08/16	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	QMP	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1023	106.0010	
2.		
3.		
4.		
5.		
6.