2.  The applicant requests that he either be reinstated on active duty or that he be given an early retirement.

3.  He states that he had been barred from reenlistment by Department of the Army under the Qualitative Management Program (QMP) due to a letter of reprimand (LOR) that he had been given for drunk driving.  However, that action was taken without regard to his actions and service after the LOR.  He was given the LOR on 30 December 1987 for driving while intoxicated.  He then entered into a residential alcohol treatment facility to attempt to stop drinking alcoholic beverages.  He successfully completed the residential phase of the program, was entered into a 
follow-up program, and became a member of Alcoholics Anonymous.  Since that time he has taken it upon himself to counsel other soldiers on the dangers of alcohol and has excelled in his duty performance, as evidenced by his outstanding Noncommissioned Officer Evaluation Reports, his selection for a position of trust within his unit over his peers, his selection for and completing with honors a high level military school, his award of two Good Conduct Medals, two Army Commendation Medals, and the Army Achievement Medal, his service in Saudi Arabia during Operation Desert Storm, and his reenlistment.

4.  In support of his application he submits extremely laudatory letters submitted in his behalf by his last brigade commander and from his former brigade commander; from his squadron (battalion) commander; from his company commander; from his executive officer and a former executive officer; from his platoon leader; from his first sergeant and two other first sergeants in his squadron; and from his operations sergeant.  He also submits documentation which shows that he was entered in alcohol rehabilitation treatment, that the severity of his alcoholism required inpatient treatment, and that he successfully completed his treatment.

5.  The applicant’s records show that he enlisted in the Regular Army on 2 February 1982 with 4 years, 11 months and 27 days of prior active service.  He served as a cavalry scout and was promoted to pay grade E-6.

6.  On 30 December 1987 the applicant was given an administrative letter of reprimand for DWI.

7.  Subsequently, he was awarded two Good Conduct Medals, two Army Commendation Medals, and the Army Achievement Medal, was sent to Saudi Arabia during Operation Desert Storm, and reenlisted for 6 years.

8.  On the Enlisted Evaluation Report he was given for the period covering August 1987 to January 1988 (he was given the LOR during that period), he was given a perfect report other than being given a “4” in “displays sound judgment” and a “4” in “self-discipline” (on a scale from 1 to 5, 5 being the best).  Both the rater and indorser ranked the applicant with a “40” on a scale of 1 to 40, 40 being the best, and recommended that he be promoted ahead of his peers.  His subsequent evaluations were either absolutely perfect or well above average.

9.  Thereafter, the applicant was notified that he had been selected for a DA bar to reenlistment and was honorably discharged by reason of reduction in force under the qualitative early transition program.  He had 11 years, 10 months and 16 days of active duty during that period giving him a total of 16 years, 10 months and 13 days of active military service.

10.  The PERSCOM message number 93-164, dated 20 April 1993, announced the criteria for the fiscal year 1993 Voluntary Early Retirement Authority (VERA) (the first year the program was offered). It stated, in pertinent part, that soldiers with at least 15 years of active federal service (AFS) but less than 20 years of active federal service, in selected pay grades and military occupational specialties, could apply for early retirement.  It also stated that individuals who had already separated under provisions of any other voluntary or involuntary separation program were not eligible for early retirement.  That message listed the MOS’s (by pay grades) eligible for the VERA.  The applicant’s MOS was one of the selected specialties offered the VERA.

11.  In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM).  The PERSCOM opines that the applicant’s request is without merit.

CONCLUSIONS:

1.  The applicant was selected for a bar to reenlistment under the QMP because of his LOR.  There was no error in that selection.

2.  However, as a matter of justice, it is not fair or equitable to lead a soldier to believe that if he completes a rehabilitative program that he can continue his or her career, and then change the rules.

3.  The applicant successfully completed alcohol rehabilitation for his disease of alcoholism, remained alcohol free after his rehabilitation, and performed whatever duties were asked of him in an exemplary manner, including service in the theater of operations during the Persian Gulf War.  Such behavior warrants recognition, not condemnation.

4.  Due to the drawdown of the force, it would not be feasible to now reinstate the applicant to active duty.  Such an action would result in the separation of another quality soldier.

5.  However, since the VERA was in place during the time in question, it would be legally feasible to correct the applicant’s records to show that he accepted an early retirement at that time.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

	a.  by showing that the individual concerned successfully appealed his QMP bar to reenlistment and the bar was lifted;

	b.  by removing all documentation from his records pertaining to his QMP bar;

	c.  by showing that the order discharging him on 17 December 1993 is null and void;

	d.  that prior to his being placed in a retired status that he receive appropriate counseling concerning the Survivor Benefit Plan;

	e.  by showing that he was retired for years of service on 17 December 1993 under the VERA with his retired pay being calculated on the years, months and days of active service he had on that date; and

	f.  by paying to him his retired pay from 18 December 1993.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON