| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Walter T. Morrison | Chairperson | ||
| Mr. Harry B. Oberg | Member | ||
| Mr. Ronald J. Weaver | Member |
APPLICANT REQUESTS: In effect, that he be authorized full separation pay.
APPLICANT STATES: That he was involuntarily separated from the service on 1 May 1991, under the Qualitative Management Program (QMP), after serving over 17 years of active service. He further states that he was denied the opportunity to serve in the Reserve Components to complete his retirement qualifications and was only given one-half separation pay. He continues by stating that he believes he should have received full separation pay given the circumstances surrounding his discharge.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 22 January 1974 and remained on active duty through a series of continuous reenlistments. He served as a radio teletype operator/team chief and was promoted to the pay grade of E-6 on 3 August 1983.
On 15 December 1989, a memorandum was dispatched to the applicant from the Enlisted Records and Evaluation Center (EREC) informing him that the Calendar Year 1989 Sergeant First Class Promotion Selection Board had reviewed his records and determined that he should be barred from reenlistment under the QMP based on the presence of five noncommissioned officer evaluation reports (NCOER) indicating deficiencies/weaknesses in physical fitness/military bearing. The reports cited covered the period from December 1983 to September 1989.
The applicant appealed the bar to reenlistment under the QMP and on 14 December 1990, a Department of the Army Standby Advisory Board (STAB) denied his appeal.
On 1 May 1991, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-8, due to Reduction in Strength - Qualitative Early Transition Program. He had served 17 years, 3 months and 10 days of total active service and received one-half separation pay in the amount of $16,397.55.
A review of his records fails to show that he ever appealed any of the evaluation reports that served as the basis for his bar to reenlistment to the Enlisted Special Review Board (ESRB).
Department of the Army Circular 635-94-1 outlines the eligibility criteria for separation pay formulas as authorized by the Department of Defense Instruction1332.29 dated 20 June 1991 and other Headquarters, Department of the Army guidance resulting from Public Law 101-510, the National Defense Authorization Act. The circular also illustrates the various types of separations that are either eligible or ineligible for separation pay. It states, in pertinent part that soldiers denied reenlistment under the QMP are authorized one-half separation pay. In extraordinary circumstances, the Secretary of the Army may award full separation pay to soldiers otherwise eligible for one-half separation pay when the specific reasons for separation and the overall quality of the soldier’s service have been such that denial of full pay would be clearly unjust.
Army Regulation 601-280 sets forth policy and prescribes 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 quality of the career enlisted force, (2) selectively retain the best qualified enlisted soldiers to 30 years of active duty, (3) deny reenlistment to non-progressive and non-productive 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 Department of the Army 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. Soldiers who are within 2 years of qualifying for retirement on the date of separation will not be separated under this provision unless directed by the Secretary of the Army.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Department of the Army bar to reenlistment under the QMP was imposed in compliance with the applicable regulation with no indication of procedural errors, which would tend to jeopardize his rights.
2. The applicant was properly authorized one-half separation pay in accordance with the applicable guidelines and he has failed to show through the evidence of record or the evidence submitted with his application that his service was of such a nature to warrant full separation pay as an exception to policy.
3. 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.
4. 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
___hbo__ __rjw ___ __wtm___ DENY APPLICATION
| CASE ID | AR2002080610 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/04/17 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 291 | 128.0800/SEP PAY |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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