IN THE CASE OF: BOARD DATE: 20 February 2020 DOCKET NUMBER: AR20180008621 APPLICANT REQUESTS: * change of his reentry eligibility (RE) code * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored statement, dated 9 April 2018 * Military Personnel (MILPER) Message Number 16-251 (Procedures for the Fiscal Year 2017 (FY17) Qualitative Management Program (QMP), dated 7 September 2016 * U.S. Army Human Resources Command (HRC) memorandum, dated 18 October 2016, subject: Department of the Army (DA) Notification for Potential Denial of Continued Active Duty Service under the QMP * HRC memorandum, dated 3 April 2017, subject: Notification of Denial of Continued Active Duty Service under the QPM * appeal packet to the DA QMP board's decision * Enlisted Record Brief (ERB) * discharge orders FACTS: 1. The applicant states: a. He was denied reenlistment into the U.S. Army Reserve (USAR) based on MILPER Message Number 16-251. He submitted an appeal to the QMP board's decision to involuntarily separate him based on his Professional Military Education (PME) performance but his appeal was denied. The HRC's legal office conducted a review of his appeal packet and deemed the information on his packet insufficient for an appeal. b. His appeal packet contained new evidence proving a medical issue as well as paperwork from a surgeon identifying the medical issue that caused his PME failure. He is also submitting records showing the issue had been surgically corrected with the estimated time to full recovery with no profile needed. Additional documents submitted with the appeal include a record "go" alternate Army Physical Fitness Test (APFT), various documents dated after the QMP board date, and several character reference statements. c. He is requesting that based on this and the fact that the cause of the QMP was disciplinary or academic in nature, that he be allowed to continue his military career in the USAR. 2. In a self-authored statement, dated 9 April 2018, the applicant further states: I was selected for removal from the AGR program by the HRC QMP board based off a PME failure to meet course standards. The failure in question was the APFT, specifically the push-up event. At the initial APFT, I was experiencing right arm pain but had not sought medical treatment because I believed I could overcome the pain and improve my score through training. This was not the case, I also failed my second APFT. The QMP Board was held 7 February, 2017, for which I prepared and submitted a letter to the President of the Board stating that I failed the school based off an injury and I am doing everything I can to rectify the situation. Even though the medical issue was still unknown, l also attached the doctor's memorandum describing what tests where being conducted and what was known so far. Despite the submission I was still selected for separation. Throughout the deployment immediately following my SLC, I underwent physical therapy and numerous tests as they tried to find out what the issue was. It was not until I came back [to] the States in April of 2017 that my civilian doctor was able to pinpoint the issue and surgery was scheduled and completed on the 7th of July 2017. This medical diagnosis and surgery came after the time of the initial QMP board date, and therefore not be included as evidence in my initial board response. Per the surgeon, I would have been medically cleared and fully fit for duty by mid- October with no limitations or alternate fitness test events required. By regulation I had the right to submit an appeal if certain criteria were met, one of which being new evidence. I submitted a packet to appeal the decision believing that receiving a medical diagnosis, the required corrective operation and the potential to be completely fit for duty within a few months qualified as "New Evidence" as required for admission to the appeal board. Since I am required to take an APFT every six months and it had been over a year since my last passing test, I requested and received a profile allowing me to retake and pass my APFT, which I attached to the appeal packet, showing I was trying to stay within Army Regulation. Despite all of this, I received a notice from HRC stating that their legal office had looked at my appeal packet and stated that it did not meet the criteria of an appeal and therefore the board will not be reviewing the decision for separation. Along with the separation comes a bar to [re]enlistment in the Armed Forces, which prevents me from reenlisting into the Army Reserves. This is stated in QMP MILPER 16-251 for FY17, section 8, Section e, Paragraph (3). I understand why the RE code is there, but I believe this does not apply to my particular case. My separation was not disciplinary or academic in nature but based off a previously unknown medical issue which I feel the board did not take into consideration. I am requesting that the bar to reenlistment be lifted so that I can continue my military career in the Army Reserves. 3. The applicant enlisted in the in the USAR on 5 March 2004. He entered active duty in Active Guard Reserve status on 16 February 2012. He was promoted to the rank of sergeant first class/E-7 on 1 August 2014. 4. A DA Form 1059 (Service School Academic Evaluation Report), dated 20 May 2016, shows the applicant failed to achieve course standards for the Unit Supply Specialist Senior Leader Course (SLC) due to failing to meet the APFT standards. 5. On 18 November 2016, HRC issued a memorandum informing the applicant that he was being considered for separation by the DA QMP Board based on his SLC failure. 6. On 3 April 2017, HRC informed the applicant that the QMP Selection Board conducted a comprehensive review of his record for potential denial of continued service under the QMP and recommended he be denied continued active duty service. As a result, the Director of Military Personnel Management approved the Board's recommendation resulting in the applicant's involuntarily discharged from the Army not later than 1 November 2017 or upon reaching his contractual expiration term of service, whichever was earlier. He was advised that in lieu of involuntary discharge, he had the following options: * request an earlier separation date. * appeal the decision and request retention on active duty 7. In a memorandum dated 5 July 2017, the applicant appealed the QMP Board's decision. He stated the following: The basis for the appeal is the new evidence I have attached here and describe below. The new evidence includes critical medical records as well as additional documents added to my record after the board date mentioned above. My failure at NCOES [Noncommissioned Officer Education System] was due to my not passing the APFT, more specifically the push-up portion. Unbeknownst to me at the time I arrived at school, I was suffering from left cubital tunnel syndrome. Not understanding the pain I was feeling at the time of the test, I chose to "suck it up" and take the exam. As an NCO, I felt it would reflect poorly on me to go get a profile before an APFT. My attempt to avoid any perception of weakness, has now cost me my career. The pain I suffered as a result of the APFT led me to see a physical therapist and after six months of treatment and several tests, I was released to see an orthopedic surgeon. The physician said that I have left cubital tunnel syndrome which is the reason I could not conduct push-ups properly. It is easily fixable with a quick surgery and has a three-month recovery time, with no permanent profile needed. The surgery is scheduled for July seventh, with a full recovery by mid-October. Due to a new profile, I was able to take the APFT and I am attaching the DA Form 705 for record and my temporary profile which covers me until September, along with paperwork from the doctor verifying the surgery and recovery time. 8. In support of his QMP appeal, the applicant provided the following documents: a. A memorandum from a physician assistant, digitally signed on 23 January 2017 and addressed to the President of the DA QMP Board, that states in part: (1) General: I have evaluated (the applicant) who is undergoing left-sided neck and arm pain with numbness and tingling, mainly during performance of push-ups. (2) Background: (The applicant) sustained an injury to his elbow and possibly his cervical spine in the neck from a bicycle accident in 2014. The injury manifests chiefly as pain, numbness and tingling in the neck and left arm while performing push- ups which led to his failure of the Senior Leadership Course in April 2016. He is currently undergoing treatment with physical therapy while deployed to Camp Arifjan, Kuwait. His evaluation has included an MRI of his left arm which showed evidence of previous injury to the elbow but the MRI of his neck has not been approved, pending the outcome of his physical therapy. (3) Diagnosis: left-sided cervical radiculopathy and left arm neuropathy. (4) Specific Physical Restrictions: No regular performance of push-ups until he can demonstrate in physical therapy that he can perform them without symptoms. (5) 8. Recommendation: Retain (the applicant) in his current military occupational specialty and allow time and opportunity for comprehensive evaluation, treatment and resolution of symptoms as they do not currently hinder his performance of his duties. b. A medical statement from Concord Orthopaedics, dated 27 June 2017, stating: [The applicant] has severe left elbow neuropathy in his ulnar nerve at the left cubital tunnel. He is scheduled and requires a left elbow ulnar nerve transition surgery. If he did not have this injury of this nerve, he certainly would have normal arm strength and function and would be able to even pass a push-up test. However, given that he does have this nerve condition and symptoms and pain and numbness that he has, he is unable to perform his regular duties. He therefore needs this surgery to unpinch his nerve and help restore hand function. His recovery time after the surgery will be 1 week in a bandage and 1 week with stitches and in which case, he cannot use the left arm for 1 week. After 1 week, he can return to light arm use for another 5 weeks and 6 weeks after the surgery, he can return to full duty with no restrictions. c. A change of rater NCO Evaluation Report covering the period 16 June 2016 to 10 April 2017 showing his rater rated his overall performance as "exceeded standards." d. A DA Form 638 (Recommendation for Award) showing he was awarded the Meritorious Service Medal for exceptionally meritorious service in Support of Operation Spartan Shield during the period 3 June 2016 to 31 March 2017. e. Five third-party statements, provided by members of his unit at the time, attesting to the applicant's outstanding performance of duty and professionalism and strongly support his retention in the AGR program. 9. The applicant's record does not contain documentation showing the reasons for the denial of his QMP appeal. He stated his appeal was denied by the HRC legal office due to insufficient information in his appeal packet. 10. On 3 August 2017, HRC published orders directing the applicant's honorable discharge from the USAR/AGR effective 1 November 2017. 11. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) confirms he was honorably discharge on 1 November 2017 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 4, by reason of non-retention on active duty. The DD Form 214 also shows he was assigned a separation code of "JGH" and an RE code of 4. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, and regulatory requirements. The Board noted the facts presented above. The Board noted that MILPER Message Number 16-251, issued on 7 September 2016, provides guidance and procedures in support of the FY17 QMP. Paragraph 8 states that Soldiers who are not eligible for retirement and are involuntarily discharged will have their DD Form 214 coded with the separation code (SPD) "JGH" and RE code of 4. Based on a preponderance of evidence, the Board determined that there was no error or injustice in the applicant’s RE code of 4. 2. After reviewing the application and all supporting documents, the Board found that relief is not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX DENY APPLICATION 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. 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. REFERENCES: 1. Army Regulation 635-200 sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Chapter 19 (QMP) contains policies and procedures for voluntary and involuntary separation, for the convenience of the Government, of Regular Army NCOs and USAR NCOs serving in AGR status, under the QMP. NCOs whose performance, conduct, and/or potential for advancement do not meet Army standards, as determined by the approved recommendations of Headquarters, Department of the Army, centralized selection boards responsible for QMP screening, will be denied continued service. b. Paragraph 19-11 (Appeal Provisions) states a Soldier denied continued service under the QMP may appeal the determination and request retention on active duty on the basis of improved performance and/or presence of material error in the Soldier's record when reviewed by the selection board. A Soldier may submit only one appeal and requests for reconsideration of denied appeals are not authorized. The mere fact that a Soldier's performance has improved or that the Soldier's file contains material error is not necessarily sufficient to overcome the reason for QMP selection. The appeal board may determine that the reason for the QMP selection still applies, even in light of the improved performance or correction of an error. 2. MILPER Message Number 16-251, issued on 7 September 2016, provides guidance and procedures in support of the FY17 QMP. Paragraph 8 states that Soldiers who are not eligible for retirement and are involuntarily discharged will have their DD Form 214 coded with the separation code (SPD) "JGH" and RE code of 4. 3. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria for enlistment and processing into the Regular Army, Army Reserve, and Army National Guard. This regulation provides that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Chapter 3 prescribes basic eligibility for prior- service applicants for enlistment and includes a list of Armed Forces RE codes. a. RE-1 applies to persons completing their term of service who are considered qualified to reenter the Army, so long as all other qualifications are met. b. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waiverable. c. RE-4 applies to persons separated from last period of service with a non-waiverable disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at time of separation, or separated for any reason (except length of service retirement) with 18 or more years active Federal service. 4. Army Regulation 15-185 (ABCMR) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for the correction of a military record. The regulation states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180008621 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1