Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001054465C070420
Original file (2001054465C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 6 September 2001
         DOCKET NUMBER: AR2001054465

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. Melvin H. Meyer Member
Mr. John T. Meixell Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. 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 applicant requests correction of military records as stated in the application to the Board and as restated herein.

         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: In effect, that her Department of the Army imposed bar to reenlistment under the Qualitative Management Program (QMP) be removed and her retirement be revoked.

APPLICANT STATES: That she took record Army Physical Fitness Tests (APFTs) both before and after the QMP and passed them all except for the time in 1997 when she was on profile. She does not feel that the QMP was deserved although she understands how the board came to its conclusion. Steps have been taken by her to correct the misconception. Supporting evidence is as listed on the DA Form 149 except the QMP notification is not attached.

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

She initially served in the Regular Army from 22 July 1977 – 7 February 1983. She enlisted in the U. S. Army Reserve (USAR) on 8 February 1983. On an unknown date, she was ordered to active duty in an active guard/reserve (AGR) status.

In the processing of this case, an advisory opinion was obtained from the Director, Full Time Support Management Directorate, U. S. Army Reserve Personnel Command (AR-PERSCOM). That office stated that the applicant received a bar to reenlistment by a Department of the Army Qualitative Management Board that convened on 5 October 1999. She elected to retire in lieu of appealing the board’s decision and would be released from active duty on 31 August 2001 at the expiration of her term of service. Her request for retirement was received on 3 March 2001 with retirement effective 1 September 2001.

A copy of the advisory opinion was provided to the applicant for comment or rebuttal. She did not respond within the given time frame.

Army Regulation 140-111 prescribes policies for the USAR Reenlistment Program. In pertinent part it states that the QMP applies to sergeants through command sergeant majors serving on active duty in an AGR status and will result in a Department of the Army imposed bar to reenlistment for those who do not meet USAR AGR standards. Soldiers selected for QMP action will complete the Statement of Options – U. S. Army Reserve, Active Guard Reserve (AGR) Program, DA Form 8029-R. Appeals must be submitted within 90 days of completion of the Statement of Options. Soldiers who choose not to appeal will be allowed to request release from active duty or discharge at anytime. A soldier who has 18 or more years of Active Federal Service on the effective date of the bar to reenlistment memorandum may be extended to reach retirement eligibility.

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

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. The advisory opinion indicated that the applicant had the opportunity to appeal the bar to reenlistment but elected to retire instead. She does not explain or provide any evidence to show what “steps” she has taken to correct the “misconception.”

3. In view of the foregoing, there is no basis for granting the applicant's request.

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

__lls___ __mhm___ __jtm___ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001054465
SUFFIX
RECON
DATE BOARDED 20010906
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 100.06
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002075047C070403

    Original file (2002075047C070403.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: Finally, the applicant has offered no explanation either for the delay in raising her alleged prior completion of PLDC or for her apparent failure to mention it at the time of her original separation from active duty.

  • ARMY | BCMR | CY2003 | 2003088158C070403

    Original file (2003088158C070403.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. As supporting evidence, the applicant provides a memorandum from the U. S. Army Reserve Personnel Command (AR-PERSCOM) dated 1 July 2002 explaining the results of the Special Review Board's consideration of her NCOER appeal; two nonrated statements dated 1 July 2002 reference the two removed NCOERs; and the modified third NCOER (for the period ending June 1998). Paragraph...

  • ARMY | BCMR | CY2003 | 2003089522C070403

    Original file (2003089522C070403.rtf) Auto-classification: Denied

    On the dates she failed her two record APFT's, she was medically qualified to take the APFT and did not complain of any medical problems. Although the available records do not contain and the applicant has not provided copies of either of the QMP actions, the applicant has failed to show through the evidence submitted or the evidence of record that the QMP action was in error or unjust. The applicant's contention that she was not properly counseled is not supported by either the evidence...

  • ARMY | BCMR | CY2003 | 2003086908C070212

    Original file (2003086908C070212.rtf) Auto-classification: Denied

    EVIDENCE OF RECORD : The applicant's military records show: The rater supported this response with the bullet comment “there is frequent contention between herself and other members of the full-time staff.” In Part IVb-f the rater gave the applicant one Needs Improvement-Much rating, and three Needs Improvement-Some ratings. The evidence of record confirms that a HQDA QMP board that convened on 6 May 1997, selected the applicant to be barred from further reenlistment in the AGR program in...

  • ARMY | BCMR | CY2001 | 2001058206C070421

    Original file (2001058206C070421.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. Bars to reenlistment imposed under the provisions of the QMP, while denying a soldier continuing service on AGR status, will not deny the soldier an opportunity to reenlist in the USAR for continuing service n another status if otherwise qualified. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the...

  • ARMY | BCMR | CY2001 | 2001063197C070421

    Original file (2001063197C070421.rtf) Auto-classification: Approved

    Army Regulation 140-111 establishes the policies and provisions for imposing bars to reenlistment for members of the AGR program under the QMP. Since all three of those reports, however, show that she met the height and weight standards of the regulation, the absence of the required remark is considered an oversight and does not reflect the true nature of her physical fitness. Her NCOERs for the periods in question show that she had a profile and consequently could not take the APFT.

  • ARMY | BCMR | CY2003 | 2003086015C070212

    Original file (2003086015C070212.rtf) Auto-classification: Approved

    The applicant requests that her noncommissioned officer evaluation report (NCOER) for the period May 1991 through September 1991 be removed from her records, that she receive the promotions that were denied her due to the unjust rating, and, in effect, that she be granted a 30-year retirement. The Board has considered the applicant's further requests that she receive the promotions that were denied her due to the unjust rating, and, in effect, that she be granted a 30-year retirement. The...

  • ARMY | BCMR | CY2003 | 03098139C070212

    Original file (03098139C070212.doc) Auto-classification: Approved

    She would have had nearly 4 years of active service as a member of the United States Air Force, and 6 more months of active duty while serving in the Office, Chief Army Reserve between 1998 and 1999. Pertinent Army regulations provide 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. Department of the Army Circular 635-92-1, which outlines the policies and procedures for entitlement to...

  • ARMY | BCMR | CY2002 | 2002068472C070402

    Original file (2002068472C070402.rtf) Auto-classification: Approved

    After review of the applicant's Official Military Personnel File (OMPF), the QMP Board barred the applicant from further reenlistment in the USAR AGR program. Records show that a Department of the Army QMP Board considered the applicant's OMPF and determined that he should be barred from further reenlistment in the USAR AGR program. Therefore, the Board determined that the applicant's records along with his appeal should be reconsidered by the AR-PERSCOM QMP Appeals Board.

  • ARMY | BCMR | CY2001 | 2001059470C070421

    Original file (2001059470C070421.rtf) Auto-classification: Denied

    The applicant provided DA Form 705 (Army Physical Fitness Test Scorecard), dated 22 April 1999, which shows that she passed the APFT and her height was recorded as 69 inches and her weight was recorded as 214 pounds. However, evidence of record shows that the applicant failed to take the APFT for two consecutive years due to a medical profile (May 1996 to April 1997; and May 1997 to April 1998). After review of all evidence in this case, the Board determined that the applicant has not...