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 applicants 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 applicants 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 applicants 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
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