ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  29 July 2019 DOCKET NUMBER:  AR20190005026 


APPLICANT REQUESTS: 

.removal of the Department of the Army (DA) Qualitative Management Program(QMP) results, and as a result he be allowed to retire with benefits and back payfrom January 1992

.a personal hearing before the Board



APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.Commendatory and performance service records

.Orders Number 106-937, dated 5 June 1991

.U.S. Army Enlisted Records and Evaluation Center (USAEREC) Form 51(Statement of Option to Accompany Memorandum of Notification of DA Bar toReenlistment under the QMP Enlisted Qualitative Early Separation Program),dated 10 January 1992

.Orders Number 13-186, dated 21 January 1992

.U.S. Postal Service (USPS) letter, dated 24 June 1998

.USPS Form 50 (Notification of Personnel Action), dated 12 May 1998 and12 June 2001

.Transportation Security Administration (TSA) Certificate of Appreciation, dated18 November 2004

.Army Board for Correction of Military Records (ABCMR) Docket NumberAR20050009247, dated 4 April 2006

.Standard Forms (SF) 50 (Personnel Action), dated 9 January 2005, 10 June2005, 23 October 2011, and 12 January 2014

.DA Form 3434 (Notice of Personnel Action), dated 29 November 2018



FACTS: 

1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code (USC), section 1552 (b); however, the ABCMR conducted a substantivereview of this case and determined it is in the interest of justice to excuse the applicant'sfailure to timely file.
2.The applicant states he had at least 17 years and 9 months of service, whichauthorized him to retire upon completing his 20 years, and his senior commander didnot disclose this pertinent information to him when he notified him of the QMP.  Theinformation he received was not based on the applicable message from theCommander, U.S. Army Personnel Command (PERSCOM).  He had to pay back all ofthe separation pay ($21,932.35) through the Veterans Affairs (VA) compensation award.

3.A review of the applicant’s service records show the following on:

.9 March 1972 – the applicant enlisted in the Regular Army (RA)

.27 February 1975 – the applicant was honorably released from active duty andtransferred to the U.S. Army Reserve Control Group (Reinforcement), DD Form214 (Report of Separation from Active Duty) shows he completed 2 years, 11months, and 19 days of net active service

.27 February 1977 – the applicant enlisted in the RA and served in variousassignments

.19 October 1978 – the applicant accepted non-judicial punishment under theprovisions of Article 15 of the Uniform Code of Military Justice in the rank ofspecialist five (SP5)/E-5 for:



.two specifications of disrespect toward a superior commissioned officer

.willfully disobeying a lawful order



.1 April 1983 – Orders Number 32-55, issued by the U.S. Army Military PersonnelCenter, promoted the applicant to the rank/grade of sergeant first class


(SFC)/E-7 with an effective date of 1 May 1983 and a date of rank of 25 April1983
.the applicant’s records contain two DA Forms 2166-7 (Noncommissioned OfficerEvaluation Report (NCOER)) covering the following rating periods:



.April 1989 – March 1990 – showing in Part IV (Values and NCOResponsibilities) an overall rating of success with the exception of a needsimprovement in leadership; Part V (Overall Performance and Potential) showsa rating of marginal, and he was senior rated as “3” (successful) and “4” (fair)

.April 1990 – August 1990 – showing in Part IV an overall success with theexception of needs improvement much rating in competence and leadership,he was not rated in responsibility and accountability; Part V shows a rating ofmarginal and the senior rater evaluation is not rated

.he endorsed both evaluations with his signature



.25 July 1991 – Military Personnel (MILPER) Message 92-45 announced theimplementation of the Enlisted Qualitative Separation Program which authorized:



.A Soldier who was within two years of qualifying for retirement under Title 10USC, section 3914 will not be involuntarily separated under this program

.half separation pay for Soldiers ineligible for retirement and who areseparated by a DA bar to reenlistment

.in order to qualify for separation pay option 2 on USAEREC Form 51 shouldread “yes” and the Soldier would not submit an appeal, and the Soldierunderstood they would be separated within 90 days of the date of the option





























•1 November 1991 – by memorandum, the applicant was informed the calendaryear 1991 master sergeant selection board determined after a comprehensivereview of his official military personnel file, he was barred from reenlistment, andhe was afforded the opportunity to appeal not later than 60 days of notification•15 November 1991 – the applicant completed USAEREC Form 51 indicating hewould submit an appeal, and his senior commander endorsed the form indicatinghe would not submit a separate appeal on behalf of the Soldier (this did notpreclude the commander from supporting the Soldier’s appeal)•6 January 1992 – the applicant, by memorandum, requested his DA bar toreenlistment under the QMP be lifted and he be allowed to complete his currentenlistment ending on 30 March 1995 citing the:•inaccuracy of the NCOER for the rating periods April 1989-March 1990 beinginaccurate and conflicting documentation, and the NCOER for April 1990-August 1990 covering a short period of time to have such a large impact onhis career•the 1978 UCMJ action never being administered and being in his restrictedmicrofiche•his performance as a senior NCO from April 1983 to present outweighed thebrief and somewhat questionable rating period•10 January 1992 – the applicant completed another USAEREC Form 51changing his election to option 2 (he would not submit an appeal) and understoodhe would be separated within 90 days of the date of the selection, his seniorcommander’s election remained the same as previously selected•13 January 1992 – the applicant’s separation packet was reviewed by legalcounsel and found to be legally sufficient•27 January 1992 – the applicant was honorably discharged from active duty:•by reason of the QMP under the provisions of Army Regulation (AR) 635-200(Personnel Separations – Enlisted Personnel), paragraph 16-8•DD Form 214 (Certificate of Release or Discharge from Active Duty) shows hecompleted 14 years, 11 months, and 1 day of net active service, and 2 years,11 months, and 18 days of prior active service, with 1 year, 11 months, and 28days of inactive service (17 years, 10 months, and 19 days)



4.The applicant provides:

.commendatory and performance records highlighting achievements during hismilitary career

.Orders Number 106-937, issued by Headquarters, Eight Personnel Commandshowing the applicant was assigned to the U.S. Army Combat Support Team 3,effective 9 September 1991

.Orders Number 13-186, issued by the 199th Personnel Service Companyshowing the applicant was reassigned to the transition point with a separationdate of 27 January 1992, and he was authorized half separation pay inaccordance with the DA message dated July 1991

.USPS letter wherein the applicant was presented a cash award for an idea tomodify bolts on a loader

.PS Form 50 providing an employment history with the USPS

.TSA certificate presented to the applicant for world class customer service

.ABCMR Docket Number AR20050009247 wherein the applicant petitioned theBoard to have the DA level bar to reenlistment lifted and was denied

.SF 50s providing the applicant’s employment and personnel action history withthe VA and the TSA

.DA Form 3434 providing the applicant’s employment history as a non-appropriated funds employee



5.AR 635-200 states in:

a.Paragraph 12-3(c), years of service for retirement are computed by adding allactive Federal service in the Armed Forces. 

b.Paragraph 12-13(e) 3, members who, at Expiration Term of Service (ETS) willhave completed 18 years of active Federal service, but less than 20 years, may be extended to reach retirement eligibility.  Members who receive a DA imposed bar to reenlistment may be extended to complete 20 years of service per AR 600-200, paragraph 4-16 (when a DA bar to reenlistment has been imposed enter reenlistment denied per Headquarters DA letter). 

c.Paragraph 16-8, enlisted personnel may be discharged prior to ETS whenauthorization limitation requires a reduction in enlisted strength.  Personnel to be separated per this paragraph will be notified through channels by commanders specified in paragraph 1-21.  Personnel designated for separation will be discharged not later than 3 months after receipt of notification.  Members who are within 2 years of qualifying for retirement per chapter 12 on the scheduled separation date will not be processed per this paragraph unless such action is directed by the Secretary of the Army. 



6.AR 600-200 states in:

a.Paragraph 4-2, the QMP is based on the premise that reenlistment is a privilegefor those whose performance, conduct, attitude and potential for advancement meet Army standards.  It is designed to enhance quality of the career enlisted force, selectively retain the best qualified Soldiers, and deny reenlistment to nonprogressive and nonproductive Soldiers. 

b.Paragraph 4-10, records will be screened by for grades E-6 through E-8.Regularly scheduled Headquarters DA promotion selection boards.  The review will be limited to those who have 11 or more years of active Federal Service.  The appropriate DA selection boards will review the performance portion of the official military personnel file maintained at. USAEREC, DA Forms 2A/2-1, and other authorized documents.  From these documents, the board will evaluate past performances and estimate the potential of each Soldier to determine if continued service is warranted.   

c.Paragraph 4-11, Soldiers selected for a DA bar to reenlistment will be informedby individual letter, and will be provided a copy of the performance portion of the official military personnel file identifying documents which most significantly contributed to the board’s decision.  

d.Paragraph 4-14, a Soldier may appeal the bar to reenlistment.  It should addressthe items that served as a basis for the bar to reenlistment and the actions taken by the Soldier to improve his or her performance or to overcome the noted deficiencies 

7.AR 15-185 (ABCMR) states an applicant is not entitled to a hearing before theABCMR.  Hearings may be authorized by a panel of the ABCMR or by the Director ofthe ABCMR.

BOARD DISCUSSION: 

1.The Board carefully considered the applicant’s request, supporting documents andevidence in the records.  The Board considered the applicant’s statement, his recordand length of service, the record of NJP, his NCOER, the documents provided by theapplicant, the DA bar from reenlistment and the reason for his separation.  The Boardfound insufficient evidence to make a change to the documents in the applicant’srecords or invalidate the process that denied him continued service.  Based on apreponderance of evidence, the Boar determined that the applicant’s separation as aresult of the Enlisted Qualitative Separation Program was not in error or unjust.

2.The applicant's request for a personal appearance hearing was carefully considered.In this case, the evidence of record was sufficient to render a fair and equitabledecision. As a result, a personal appearance hearing is not necessary to serve theinterest of equity and justice in this case.
3.After reviewing the application and all supporting documents, the Board found thatrelief was 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. 



X

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. 


ADMINISTRATIVE NOTE(S): 

Not Applicable 


REFERENCES: 

1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within three years after discovery of the alleged error or injustice.This provision of law also allows the ABCMR to excuse an applicant's failure to timelyfile within the three-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.
2.AR 635-200 (Personnel Separations – Enlisted Personnel) states in:

a.Paragraph 12-3(c), years of service for retirement are computed by adding allactive Federal service in the Armed Forces. 

b.Paragraph 12-13(e) 3, members who, at ETS will have completed 18 years ofactive Federal service, but less than 20 years, may be extended to reach retirement eligibility.  Members who receive a DA imposed bar to reenlistment may be extended to complete 20 years of service per AR 600-200, paragraph 4-16 (when a DA bar to reenlistment has been imposed enter reenlistment denied per Headquarters DA letter). 

c.Paragraph 16-8, enlisted personnel may be discharged prior to ETS whenauthorization limitation requires a reduction in enlisted strength.  Personnel to be separated per this paragraph will be notified through channels by commanders specified in paragraph 1-21.  Personnel designated for separation will be discharged not later than 3 months after receipt of notification.  Members who are within 2 years of qualifying for retirement per chapter 12 on the scheduled separation date will not be processed per this paragraph unless such action is directed by the Secretary of the Army. 

3.AR 600-200 (Enlisted Personnel Management System) states in:

a.Paragraph 4-2, the QMP is based on the premise that reenlistment is a privilegefor those whose performance, conduct, attitude and potential for advancement meet Army standards.  It is designed to enhance quality of the career enlisted force, selectively retain the best qualified Soldiers, and deny reenlistment to nonprogressive and nonproductive Soldiers. 

b.Paragraph 4-10, records will be screened by for grades E-6 through E-8.Regularly scheduled Headquarters DA promotion selection boards.  The review will be limited to those who have 11 or more years of active Federal Service.  The appropriate DA selection boards will review the performance portion of the official military personnel file maintained at. USAEREC, DA Forms 2A/2-1, and other authorized documents.  From these documents, the board will evaluate past performances and estimate the potential of each Soldier to determine if continued service is warranted.   

c.Paragraph 4-11, Soldiers selected for a DA bar to reenlistment will be informedby individual letter, and will be provided a copy of the performance portion of the official 
military personnel file identifying documents which most significantly contributed to the board’s decision.  

d.Paragraph 4-14, a Soldier may appeal the bar to reenlistment.  It should addressthe items that served as a basis for the bar to reenlistment and the actions taken by the Soldier to improve his or her performance or to overcome the noted deficiencies. 

4.AR 15-185 (ABCMR) prescribes the policies and procedures for correction of militaryrecords by the Secretary of the Army, acting through the ABCMR.  The ABCMR may, inits discretion, hold a hearing or request additional evidence or opinions.  Additionally, itstates in paragraph 2-11 that applicants do not have a right to a hearing before theABCMR.  The Director or the ABCMR may grant a formal hearing whenever justicerequires.