BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20150016694 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: 18 May 2017 DOCKET NUMBER: AR20150016694 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: 18 May 2017 DOCKET NUMBER: AR20150016694 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 correction of her reentry (RE) code on her 2015 DD Form 214 (Certificate of Release or Discharge from Active Duty). She then, in effect, requests reinstatement of her transfer of education benefits (TEB) to her child(ren). 2. The applicant states: a. She was honorably separated from the Active Guard Reserve (AGR) program on 1 November 2015 with an RE code of four (RE-4). She cannot transfer her education benefits to her dependents if she is unable to complete a 3 year traditional Ready Reserve obligation. She has almost 19 years of service and believes she has served enough time to be able to at least transfer her earned benefits to her children. b. She has given her all to her assignments and her performance has been exemplary. The reason for her removal from the AGR program is her failure to complete the senior leadership course (SLC) within the required period after being promoted to sergeant first class (SFC). She had an approved rescheduled training request based on her postpartum recovery period. She believes this does not warrant not being able to continue to serve her country in a traditional Ready Reserve status. She did complete the SLC in May 2015. c. She has over 18 years of combined service in the Army Reserve and wants the opportunity to continue to serve. Her approved request to transfer her earned education benefits to her minor dependents was revoked because she would be unable to reenter into the Ready Reserve with an RE-4 on her DD Form 214. 3. The applicant provides copies of: * two DA Forms 3349 (Physical Profile) * Unit Supply Specialist Senior Leadership Course diploma and Service School Academic Evaluation Report * correspondence related to transfer of education benefits participation * 9 letters of support from senior members of her command including the Commanding General * Noncommissioned Officer Evaluation Reports (NCOERs) * awards and decorations orders and certificates * Qualitative Management Program (QMP) notice and appeal * DD Form 214 CONSIDERATION OF EVIDENCE: 1. The applicant, with prior active and inactive service, entered active duty in the AGR program on 21 November 2005. 2. She was promoted to SFC effective 1 June 2010. 3. The applicant gave birth to her son on 6 October 2012. 4. A 5 March 2013 DA Form 3349 shows the applicant had a temporary profile. She was exempt from the Army Physical Fitness Testing (APFT) for 180 days post-partum. She was expected to be fully mission capable on 28 March 2013. A second DA Form 3349, dated 25 March 2013, extended the fully mission capable date to 4 April 2013. 5. On 25 March 2013, the applicant initiated a DA Form 4187 (Personnel Action) requesting a change to her school date due to medical reasons. Her original school dates were 3 April 2013 through 17 May 2013 with an alternate date of 28 May 2013 through 12 July 2013. This request was approved by her unit. On an unknown date, her request for an educational deferment was approved by the U.S. Army Human Resources Command. 6. In a series of emails, dated between August to October 2014, the applicant reported she had completed the prerequisites to the SLC and requested to be scheduled for the Unit Supply Specialist SLC course. On 18 August 2014, she was notified that she had been enrolled in a professional development training program. The emails continued through the end of October 2014 on the scheduling of the course and a possible future assignment. 7. On 5 December 2014 the applicant received notification that her records were going before a Qualitative Management Program (QMP) board due to her failure to complete SLC within 48 months of promotion to SFC. In concert with her QMP, she provided nine character letters from senior officers and senior enlisted personnel with whom she had served. All of the letters praised the applicant for her character, dedication, and long service and recommended that she not be discharged under the QMP. 8. On 13 April 2015 the applicant received a memorandum notifying her she was denied continued active duty service under the QMP. She was provided instructions on how to appeal the QMP decision. She was also informed she would be involuntarily discharged from the Army no later than 1 November 2015. 9. On 23 April 2015 she appealed the QMP decision stating: a. Her prior SLC class reservation on April 2013 was cancelled due to her pregnancy, birth of her child, and post-partum profile restrictions. b. Her request for a new class date was made prior to her release from her post-partum profile and she was scheduled for the SLC in March 2015. 10. She completed the SLC on 8 May 2015. 11. On 18 September 2015 the applicant was notified that her request for enrollment in the TEB had been approved and she was given a service obligation end date of 16 September 2019. 12 On 2 October 2015 she was notified that because she was being discharged under the QMP, her request for transfer of her education benefits was rejected. 13. The applicant was honorably discharged 1 November 2015 with 9 years, 11 months, and 11 days of active duty this period; 3 years, 3 months, and 7 days of prior active duty service; and 5 years, 7 months, and 25 of inactive service. She was issued a DD Form 214 showing: * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * * Meritorious Service Medal * Army Commendation Medal (3rd Award) * Army Achievement Medal (7th Award) * Army Superior Unit Award * Army Reserve Component Achievement Medal * National Defense Service Medal * Noncommissioned Officer Professional Development Ribbon with Numeral 3 * Army Service Ribbon * Armed Forces Reserve Medal with "M" Device * Item 25 (Separation Authority) – Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), chapter 4 * Item 26 (Separation Code) – JGH * Item 27 (RE Code), 4 * Item 28 (Narrative Reason for Separation) – non-retention on active duty 14. In addition to the awards listed on her DD Form 214, the applicant provided evidence she was also authorized or awarded two additional Army Achievement Medals and the Army Good Conduct Medal (4th award). REFERENCES: 1. Department of Defense Instruction (DODI) 1308.1 exempts Soldiers from the APFT and record weigh-in for 180 days following termination of a pregnancy. After the 180 days they are to take part in the Army Pregnancy Postpartum Physical Training (PPPT) and must receive clearance from health care providers prior to resuming the regular APFT. 2. Army Regulation 635-200 sets forth the policies and procedures for the Army’s QMP. The objectives of the QMP are to enhance the quality of career enlisted Soldiers, retain the best qualified Soldiers, deny continued service to nonproductive Soldiers, and encourage Soldiers to maintain their eligibility for continued service. Under this program, an Army board periodically reviews the official files of noncommissioned officers in the rank of staff sergeant and above to determine if the Soldier’s performance, conduct, and/or potential for advancement meets Army standards. Soldiers identified as not meeting these standards may be denied continued service and involuntarily discharged. For AGR Soldiers with at least 17 years, 9 months but less than 20 years, of qualifying service for nonregular retired pay at the time of notification of QMP selection, by law may extend their enlistments for the minimum period to qualify for nonregular retirement. 3. AR 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states that the SPD code JGH is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 19-12 (QMP – Involuntary Discharge), due non-retention on active duty. The SPD/RE Code Cross Reference Table stipulates that an RE-4 code will be assigned to members separated under these provisions with an SPD code of JGH. 4. AR 601-210 (Active and Reserve Components Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve. Table 3-1 included a list of the Regular Army RE codes: * RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army; they are qualified for enlistment if all other criteria are met * RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable; they are ineligible for enlistment unless a waiver is granted * RE-4 applies to Soldiers discharged under the QMP; for Soldiers selected for QMP who retire for length of service enter RE-4R 5. Public Law 110-252 established the legal limitations on the transferability of unused Post-9/11 GI Bill benefits. Section 3020, limits eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve. 6. On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The policy states any member of the Armed Forces on active duty on or after 1 August 2009 who requests transfer of their entitlement to educational assistance must: a. be eligible for the Post-9/11 GI Bill; b. have at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election; or c. have at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, is precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agrees to serve the maximum amount of time allowed by such policy or statute; or d. be or become retirement eligible during the period from 1 August 2009 through 1 August 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of active service or 20 qualifying years of Reserve service. No additional service is required for retirement eligible service members. e. A Soldier must agree to serve the prescribed additional service obligation based on the time the Soldier had in service on 1 August 2009. Soldiers who are qualified for retirement do not incur any additional service obligation. f. A Soldier must have no adverse action flag. DISCUSSION: 1. The applicant was promoted to SFC on 1 June 2010 at which point she had 48 months in which to complete the mandatory SLC training to retain her rank. 2. She was scheduled to attend the SLC in April – May 2013 which was within the required 48 month period, but due to her profile, she was removed from that scheduled course. 3. The applicant has documented her attempts to complete the course in a timely manner; however, she was unable to do so until after she had already been selected for dismissal under the QMP. 4. The applicant's evaluations show that she was a good Soldier and she received battalion-level commander, brigade-level commander, and general officer favorable recommendations for retention. Additionally she did complete the required SLC, although it was not until 8 May 2015, approximately 60 months after her promotion date. 5. The applicant did not complete the required SLC within the required period of being promoted to SFC and she did not apply for the TEB until after she had been selected for discharge under the QMP. 6. Based on the decision of the QMP board, she was involuntarily discharged under the provisions of Army Regulation 635-200. Her DD Form 214 properly reflects her narrative reason for separation. In concert with her narrative reason for separation, she was assigned an SPD code JGH. Regulatory guidance states that Soldiers assigned this specific SPD code are then assigned an RE code of RE-4. Her 2015 DD Form 214 accurately reflects the correct narrative reason, SPD and RE codes for her separation based on non-retention on active duty. 7. As she did not have 17 years and 9 months of nonregular service as of 5 December 2014, the date she received written notification of her potential involuntary discharge under the QMP, by law she was not retained in an active status to complete 20 years of nonregular service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016694 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016694 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2