BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20170012289 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20170012289 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20170012289 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, the results of the Department of the Army Qualitative Management Program (QMP) Board’s recommendations be set aside, subsequent approval to attend the Senior Leader Course (SLC), and reinstatement into the Active Guard/Reserve (AGR) program. 2. The applicant states, in effect: * he was separated under the QMP for failure to complete the SLC * he was not at fault * he was promoted on 1 April 2010 and was on contingency operation for active duty operational support (CO-ADOS) orders that year * upon completion of the previous CO-ADOS tour, he accepted two additional tours * he requested to attend SLC when he was assigned to the Warrior Transition Unit (WTU), Fort Leonard Wood, MO * his active duty unit and troop program unit (TPU) both told him he could not attend SLC * the Individual Ready Reserve (IRR) told him no because they did not have the funds * he waited 113 days for AGR orders and started his tour in March 2014; he put in for SLC immediately, but his school date was not until July 2015 * in December 2014 his record went before a QMP Board; he appealed twice and he was denied 3. The applicant provides: * QMP Notification * QMP Appeal * QMP Denials * CO-ADOS orders * 2 DA Forms 1059 (Service School Academic Evaluation Report (AER)) * Memorandum, subject: Course Enrollment for AGR Soldiers (Recruiting SLC), dated 12 January 2015 * letters of support CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Army Reserve (USAR) on 2 March 1989. He was serving in the AGR as a sergeant first class (SFC)/E-7 when he was discharged under the QMP. 2. Orders 10-091-00111, issued by Headquarters, 88th Regional Support Command, dated 1 April 2010, promoted him to the rank of SFC with a date of rank, and effective date of 1 April 2010. 3. On 5 December 2014, the U.S. Army Human Resources Command (HRC) notified the applicant he was being considered for potential denial of continued active duty service under the QMP. A QMP Selection Board would convene on 10 February 2015. He was also advised the basis for the initiation process was his failure to complete the SLC within 48 months of his promotion to SFC. 4. On 23 December 2014, the applicant requested the QMP Selection Board review the extenuating and mitigating circumstances surrounding his failure to complete SLC. He provided a timeline of his assignments and activities and reasons that he had not attended SLC. He also stated he had a reserved seat for SLC on 24 July 2015. He indicated he had served honorably, he loved his position and the Army, and he had returned to college to complete his bachelor’s degree. 5. A memorandum, dated 23 December 2014, addressed to the QMP Selection Board shows the applicant’s commander provided a full endorsement for the applicant to be retained in the AGR program. On 23 December 2014, the applicant’s battalion commander also provided the QMP Selection Board a memorandum recommending the applicant’s retention in the AGR program. 6. On 13 April 2015, the QMP Selection Board conducted a review of the applicant’s record for potential denial of continued service under the QMP and recommended that he be denied continued active service. As a result, the Director of Military Personnel Management approved the board’s recommendation and directed that he be involuntarily discharged from the Army not later than 1 November 2015. He was given the following options: * request an earlier separation date, however, the date requested must allow for a minimum of 90 days for pre-separation counseling * appeal this decision and request retention on active duty 7. On 20 April 2015, the applicant completed a Statement of Options, indicating he received notification of the QMP Selection Board’s decision to deny him continuation of active service. He indicated he would appeal the QMP Selection Board’s decision. He acknowledged he understood that he must submit the appeal to his chain of command within 30 days of completing the form and the general court-martial convening authority or first general officer in his chain of command must recommend approval or disapproval of his appeal prior to forwarding to HRC. 8. On 7 August 2015, the Director, Enlisted Personnel Division, HRC, responded to the applicant's appeal of the QMP Board decision and request for retention on active duty, wherein he stated: a. Army policy identifies that only cases with material error, newly discovered evidence, or the subsequent removal of documents from a Soldier's official military personnel file are eligible for QMP appeal. b. Army G-1 has identified that these requests will be validated in accordance with the rules established by Army Regulation 600-8-19 (Enlisted Promotions and Reductions), Section IV, paragraph 4-13. c. The applicant's appeal did not meet the aforementioned regulatory criteria and, as a result, his request was denied. 9. Orders C-08-512692, dated 21 August 2015, issued by HRC, attached the applicant to Fort Carson, CO, for separation processing, with a report date of 30 October 2015. 10. On 1 November 2015, the applicant was honorably discharged under the provisions of chapter 4, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), for non-retention on active duty. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 1 year, 7 months, and 8 days of net active service this period and he had 9 years,11 months, and 3 days of total prior active service. 11. In support of his request the applicant provides: a. Orders 09-065-00017, 95th Training Division, dated 6 March 2009, ordering him to active duty (mobilization) for a period of 365 days in support of Operation Enduring Freedom (other than homeland), with a report date of 1 May 2009. b. Orders 10-064-00016, 95th Training Division, dated 5 March 2010, extending him on active duty (mobilization) for a period of 365 days in support of Operation Enduring Freedom (other than homeland), with a report date of 10 April 2010. c. Orders A-03-106250, HRC, dated 24 March 2011, ordering him to active duty for 365 days with a report date of 10 April 2011 for the purpose of CO-ADOS as WTU Cadre, Fort Leonard Wood, MO. Additional instructions show this was an unaccompanied tour and movement of dependents was not authorized. d. Headquarters, USAR Command memorandum, dated 30 March 2012, announcing, effective immediately, Soldiers on CO-ADOS orders must go through their units for funding professional development courses. Units were to release the Soldier from active duty prior to attendance at the professional development school and ensure the Soldier’s pay and temporary duty were funded with base funds. e. Orders A-04-206254, HRC, dated 4 April 2012, ordered the applicant to active duty for 365 days for the purpose of CO-ADOS as WTU Cadre, Fort Leonard Wood, MO, with a report date of 9 April 2012. Additional instructions show that he elected a permanent change of station move during this assignment and was authorized movement of dependents and household goods. f. An AER for the Army Recruiter Course, 512-13, showing the applicant was dismissed due to a lack of fiscal year 2014 funding and a second AER showing the applicant achieved course standards and completed the Army Recruiter Course, 003-14, from 22 October 2013 through 6 December 2013. g. Orders R-03-483977, HRC, dated 17 March 2014, ordering him to active duty in the Active Guard Reserve for 3 years as a USAR recruiter with the U.S. Army Recruiting Battalion, Salt Lake City, UT, effective 24 March 2014. h. Multiple letters of recommendation from officers and senior noncommissioned officers (NCOs) who thought highly of his duty performance and had confidence in his leadership abilities. The writers all recommended the applicant’s retention on active duty. He also provided a copy of his SLC reservation for 26 July 2015. REFERENCES: 1. Army Regulation 600-8-19 prescribes policies and procedures governing promotions and reductions of Army enlisted personnel. a. Paragraph 1-28 (Noncommissioned Officer Education System (NCOES) Requirement for Promotion and Conditional Promotion) states the development of our NCO Corps is an essential element of the Army?s institutional success. The policies set forth in this regulation support the accumulation of training, education, and experiences while encouraging lifelong learning in an effort to develop NCO leader competencies. The intent is to achieve synchronized relationship between NCO’s and promotions that is deliberate, continuous, sequential, and progressive in order to produce competent, confident, and versatile leaders. Except where authorized, Soldiers (all components) must complete the professional military education courses as follows: * completion of Structured Self Development-3 is an eligibility requirement for recommendation for promotion to SFC * graduation of the SLC is a promotion requirement to SFC * NCOES requirements are waived for terminally ill Soldiers, Soldiers who are retired for physical disability, and for posthumous promotions b. Table 3-3 explains the eligibility criteria for promotion pin-on for Regular Army and USAR AGR and table 3-4 explains the same for USAR TPU, USAR Element, and multi-component commands or units. The Soldier must be promoted in the career progression MOS and must be fully qualified in the MOS, to include meeting all school requirements. The military education requirements for an SSG to pin-on SFC is Structured Self Development level 3. Graduation from SLC is a promotion requirement for SFC. NCOES waivers are no longer authorized except for unique circumstances specifically noted above. 2. Military Personnel (MILPER) Message Number 14-314, dated 23 October 2014, provided guidance and procedures in support of the QMP. The purpose of the QMP is to identify selected NCOs for possible involuntary separation. Specifically, NCOs will be considered for denial of continued service when they have a GOMOR, conviction by a court-martial or Article 15, relief for cause NCOER, a "No" in the Army values on an NCOER, a senior rating of "4" on an NCOER, and/or NCOES failures. Also included in the QMP review are NCOs who fail to meet NCOES requirements for their rank. The guidance states that an SFC who has not graduated from SLC upon attainment of 48 months of time in grade has failed to qualify for promotion to the next grade. a. Soldiers selected by the QMP for denial of retention must exercise an option (appeal, accept, retire, etc.). b. Soldiers may appeal on the basis of a material error in their records when reviewed by the board. The chain of command, all the way to a general officer, must recommend approval or disapproval. c. Soldiers who elect to appeal but fail to submit their appeal within 30 days or without compelling justification will continue to process for discharge. The Director of Military Personnel Management is the final authority for disposition of appeal. DISCUSSION: 1. Based on a review of the available evidence the applicant was conditionally promoted to the rank of SFC and he was given 48 months to complete SLC which was a requirement for promotion to the rank of SFC. He failed to complete SLC. As a result he was denied continued active service under the QMP. 2. With respect to the QMP, this is not a new program: a. Various MILPER Messages have in the past provided and continue to provide guidance and procedures in support of the QMP. The purpose of this program is to identify selected NCOs for possible involuntary separation. Those Soldiers who are promoted to the rank of SFC and do not complete SLC within 48 months may be denied retention. b. The QMP Board, upon review of his record, determined he should not be retained. 3. There is no evidence of an error or injustice in his selection for QMP or in the actions resulting from his failure to complete the required military education in a timely manner. Absent evidence of an error that would serve as a basis for reconsideration under the QMP, there appears to be no basis for setting aside the QMP recommendation or reinstatement into the AGR. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170012289 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170012289 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2