Search Decisions

Decision Text

ARMY | BCMR | CY1996 | 9609758aC070209
Original file (9609758aC070209.txt) Auto-classification: Denied
APPLICANT REQUESTS:  In effect, correction of his military records by changing his separation code.

APPLICANT STATES:  His separation code of “KGH” is incorrect.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was born on 28 August 1964.  He completed 12 years of formal education.  He served in the Regular Army from 14 July 1982 through 13 July 1985.  On 2 July 1987, he enlisted in the U.S. Army Reserve Delayed Entry Program, in pay grade E-4, for 3 years.  On 20 August 1987, he enlisted in the Regular Army, in pay grade E-4, for 3 years.  His Armed Forces Qualification Test score was 34 (Category III). He was promoted to pay grade E-5 effective 1 December 1988. His military occupational specialty was 13B Cannon Crewmember.  He remained on active duty through a subsequent extension and reenlistment until his discharge on 22 October 1993.

A Personnel Action indicates that the applicant was absent without leave from 26 July 1989 to 2 August 1989.

On 24 August 1992, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, by operating a passenger car, in a reckless manner, by crossing the center line and causing his vehicle to force another vehicle off the road; by operating a passenger car, in a reckless manner, by crossing the center line and causing his vehicle to exit the roadway, roll an unknown amount of times causing extensive damage to the vehicle; and by wrongfully leaving the scene of the accident without making his identity known.  His imposed punishment was reduction to pay grade E-4, a forfeiture of $600 pay per month for 2 months, 1 month suspended, to be automatically remitted if not vacated before 24 February 1993, and extra duty for 45 days.  He did not appeal.  On 6 May 1993, the punishment of reduction to pay grade E-4 was remitted.

On 30 March 1995, the applicant’s commander recommended that the applicant be barred from reenlistment based on the foregoing NJP, letters of indebtedness, and delinquent club account.  The applicant was counseled and advised of the basis for the action, and indicated that he did not desire to submit a statement in his own behalf.  On 1 April 1993, the local bar to reenlistment was approved.  On 7 April 1993, the applicant was advised that the bar to reenlistment was approved.  He indicated that he would not appeal the bar to reenlistment.  On 1 July 1993, his commander indicated that he had reviewed the applicant’s bar to reenlistment and recommended that it not be removed.

On 10 July 1993, a notification was sent to the applicant indicating that the Calendar Year 1993 Master Sergeant Selection/Sergeant Qualitative Management Program (QMP) Board, after a comprehensive review of his Official Military Personnel File, determined that he was to be barred from reenlistment.  He was advised of the appeal procedures.  The foregoing NJP and a noncommissioned officer report covering the period from January 1992 through June 1992 were the bases for the Department of the Army (DA) bar to reenlistment.

On 4 August 1993, the applicant was officially notified of the DA bar to reenlistment under the QMP.  On 9 August 1993, he indicated that he would not submit an appeal.  He acknowledged that he understood that he would be separated within 90 days as of the date of the option statement under Army Regulation 635-200, paragraph 16-8.  On 11 August 1993, the commander indicated that he would not submit a separate appeal on behalf of the applicant.

The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates that he was honorably discharged on 22 October 1993, in pay grade E-5, under Army Regulation 635-200, paragraph 16-5a, b, or c (non-retention on active duty).  He was given a separation code of “KGH.”  He had completed a total of 9 years, 1 month, and 26 days active military service, and 2 years, 8 months, and 21 days inactive military service.  He received the following decorations and awards:  the Army Achievement Medal (Second Oak Leaf Cluster), the Good Conduct Medal, the National Defense Service Medal, the NCO Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, and the Driver and Mechanic Badge.

Army Regulation 601-280, chapter 10, sets forth the policy and prescribes the procedures for denying reenlistment under the QMP.  This program is based on the premise that reenlistment is a privilege for those whose performance, conduct, attitude, and potential for advancement meet Army standards. It is designed to (1) enhance the quality of the career enlisted force, (2) selectively retain the best qualified soldiers to 30 years of active duty, (3) deny reenlistment to nonprogressive and nonproductive soldiers, and (4) encourage soldiers to maintain their eligibility for further service.  The QMP consists of two major subprograms, the qualitative retention subprogram and the qualitative screening subprogram.  Under the qualitative screening subprogram, records for grades E-5 through E-9 are regularly screened by the DA promotion selection boards.  The appropriate selection boards evaluate past performances and estimate the potential of each soldier to determine if continued service is warranted.  Soldiers whose continued service is not warranted receive a QMP bar to reenlistment.

Army Regulation 635-200, paragragh 16-5, provides for the voluntary separation of soldiers denied reenlistment.  Soldiers denied reenlistment may be volutnarily separation before their expiraiton of term of service.f  Soldiers who perceive that they will be unable to overcome a Headquarters, DA, bar to reenlistment will be discharged upon their request.





DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, and applicable law and regulations, it is concluded:

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director

Similar Decisions

  • ARMY | BCMR | CY1996 | 9609758C070209

    Original file (9609758C070209.txt) Auto-classification: Denied

    He was given a separation code of “KGH, and a reentry code of “3.” He had completed a total of 9 years, 1 month, and 26 days active military service, and 2 years, 8 months, and 21 days inactive military service. Soldiers whose continued service is not warranted receive a QMP bar to reenlistment. Based on the applicant’s selection of Option 2 when he was notified of the DA bar to reenlistment, he should have been involuntarily discharged under Army Regulation 635-200, paragraph 16-8...

  • ARMY | BCMR | CY1996 | 9608637C070209

    Original file (9608637C070209.txt) Auto-classification: Denied

    The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS: That his DA Imposed Bar to Reenlistment under the Qualitative Management Program (QMP) be reconsidered. EVIDENCE OF RECORD: The applicant's military records show: On 29 August 1978 he enlisted in the Army for 3 years in the pay grade of E-1. Army Regulation 635-200 sets forth the basic...

  • ARMY | BCMR | CY1995 | 9510381C070209

    Original file (9510381C070209.TXT) Auto-classification: Denied

    APPLICANT REQUESTS: In effect, that his separation under the Qualitative Management Program (QMP) be set aside and that he be allowed to reenlist to complete his military career. The applicant’s records went before the Calendar Year 1993 Sergeant First Class/ANCOC Promotion/Selection Board. Soldiers whose continued service is not warranted receive a QMP bar to reenlistment.

  • ARMY | BCMR | CY2001 | 2001066259C070421

    Original file (2001066259C070421.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. A review of the applicant’s records fails to show that he ever applied for a 15-year retirement. The applicant applied to the Board on 27 June 1996, requesting that he be reinstated on active duty.

  • ARMY | BCMR | CY1997 | 9709127

    Original file (9709127.rtf) Auto-classification: Denied

    APPLICANT REQUESTS : In effect, that his DD Form 214 be corrected to show that he was separated due to Reduction in Force, not Qualitative Retention Program; that his reentry code be changed to “1;” and that he either be reinstated, granted a 15-year retirement, or granted full, rather than half, separation pay. On 15 January 1992, the applicant received a Department of the Army (DA) Imposed Bar to Reenlistment under the Qualitative Management Program (QMP). Soldiers whose continued...

  • ARMY | BCMR | CY1997 | 9709127C070209

    Original file (9709127C070209.TXT) Auto-classification: Denied

    APPLICANT REQUESTS: In effect, that his DD Form 214 be corrected to show that he was separated due to Reduction in Force, not Qualitative Retention Program; that his reentry code be changed to “1;” and that he either be reinstated, granted a 15-year retirement, or granted full, rather than half, separation pay. He reenlisted on 9 October 1979 and had continuous active service until his discharge. On 22 January 1993, the applicant was discharged, in pay grade E-6, under the provisions of...

  • ARMY | BCMR | CY1995 | 9508951C070209

    Original file (9508951C070209.TXT) Auto-classification: Denied

    APPLICANT REQUESTS: Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. Under the qualitative screening subprogram, records for grades E-5 through E-9 are regularly screened by the DA promotion selection boards. Soldiers whose continued service is not warranted receive a QMP bar to reenlistment.

  • ARMY | BCMR | CY2002 | 2002076258C070215

    Original file (2002076258C070215.doc) Auto-classification: Denied

    The applicant reenlisted and served continuously from 28 April 1978-2 August 1990. The applicant was barred from reenlistment under the QMP after a DA Selection Board reviewed his records and determined that he was no longer eligible for reenlistment due to his past performance and conduct. BOARD VOTE: ________ ________ ________ GRANT ________ ________ ________ GRANT FORMAL HEARING __lls___ __bje___ __wdp___ DENY APPLICATION Carl W. S. Chun Director, Army Board for Correction of Military...

  • ARMY | BCMR | CY2002 | 2002079546C070215

    Original file (2002079546C070215.rtf) Auto-classification: Denied

    APPLICANT REQUESTS: That the records of nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), imposed against him on DA Forms 2627 (Record of Proceedings Under Article 15, UCMJ), dated 15 February 1990 and 9 April 1990, be removed from his Official Military Personnel File (OMPF); that his records be corrected by reinstating his security clearance, dated 9 September 1992; and that his Reenlistment Eligibility (RE) Code be changed from RE-4 to RE-1. There is...

  • ARMY | BCMR | CY1997 | 9707405C070209

    Original file (9707405C070209.TXT) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The Board considered the...