MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 16 October 2003
                  DOCKET NUMBER: AR2003088158

         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 L. Amos		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Hubert O. Fry		Member
Ms. Mae M. Bullock		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)

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APPLICANT REQUESTS: That her reentry (RE) code be changed from 4 to 3.

APPLICANT STATES: That she was given a Qualitative Management Program (QMP) bar to reenlistment due to five noncommissioned officer evaluation reports (NCOERs). She had not appealed the NCOERs at the time she received them because she felt she could not have won. She did appeal them at the time she received her QMP action. She lost her QMP appeal but her NCOER appeal was [partially] successful. Two NCOERs were thrown out and one was modified. She still has two which were used to QMP her. She would like to reenlist and finish her 20 years. The Reserve needs unit administrators; her experience and training make her a perfect choice for such a position if she were able to enlist.

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).

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

She initially enlisted in the Regular Army in February 1983 and was placed on the Temporary Disability Retired List in October 1985. She was later determined to be fit for duty and she reenlisted in the Regular Army in October 1987. She was honorably released from active duty in October 1990.

The applicant enlisted in the U. S. Army Reserve (USAR) on 13 October 1990. She was ordered to active duty in an Active Guard/Reserve (AGR) status around March 1992. She was promoted to Sergeant, E-5 on 17 November 1993.

The applicant received a 12-rated month annual NCOER for the period November 1993 through October 1994. The entry "no" was placed in Part IVa3 (Is disciplined and obedient to the spirit and letter of a lawful order) and in Part IVa5 (Maintains high standards of personal conduct on and off duty) with related negative comments. She received "needs some improvement" ratings in Part IVb (Competence), Part IVd (Leadership), and Part IVe (Training) with related negative comments. She received a "marginal" rating in Part Va (Overall potential for promotion and/or service in positions of greater responsibility). Her senior rater made one negative comment in Part Ve (Senior rater bullet comments). The applicant failed to successfully appeal this NCOER.

The applicant received an adverse NCOER for the period July 1997 through June 1998 that was later modified after a partially successful appeal.

The applicant received an adverse NCOER for the period July 1998 through October 1998 that was later removed from her records after a successful appeal.
The applicant received a 12-rated month annual NCOER for the period March 1999 through February 2000. The entry "no" was placed in Part IVa1 (Places dedication and commitment to the goals and missions of the Army and nation above personal welfare) with a related negative comment. She received "needs some improvement" ratings in Part IVb (Competence) and Part IVc (Physical fitness and military bearing) with related negative comments.

The applicant received an adverse NCOER for the period March 2000 through September 2000 that was later removed from her records after a successful appeal.

The applicant's NCOER appeal packet is not available.

On an unknown date, the applicant was notified that she had been selected for a QMP bar to reenlistment. She appealed the QMP bar to reenlistment. Her QMP appeal was denied. Her QMP paperwork is not available. She was separated on an unknown date. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) is not available. She apparently was given an RE code of 4.

Army Regulation 623-205 establishes policy and procedures governing the Noncommissioned Officers Evaluation Reporting System (NCOERS). Paragraph 1-5 of this regulation states that the purpose of the NCOERS is to: (1) strengthen the ability of the NCO Corps to meet the professional challenges of the future through the inculcation of Army values and basic NCO responsibilities; (2) Ensure the selection of the best qualified NCO’s to serve in positions of increasing responsibility by providing rating chain review of performance and potential for use in centralized selection, assignment and other enlisted personnel management decisions; and (3) Contribute to Army-wide improved performance and professional development by increased emphasis on performance counseling.

Paragraph 4-2 of Army Regulation 623-205 states that an evaluation report accepted for inclusion in the official record of an NCO is presumed to be administratively correct, to have been prepared by the proper rating officials, and to represent the considered opinion and objective judgment of the rating officials at the time of preparation.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 19 pertains to policy and procedures for voluntary and involuntary separation for the convenience of the Government, of Regular Army (RA) NCOs and USAR NCOs serving in an AGR status, under the QMP. The QMP is designed to (1) enhance the quality of the career enlisted force, (2) selectively retain the best qualified soldiers, (3) deny continued service to nonproductive soldiers, and (4) encourage soldiers to maintain their eligibility for further service. The QMP applies to RA NCOs in the grades of Staff Sergeant through Command Sergeant Major/Sergeant Major (CSM/SGM) and USAR NCOs in the grades of Sergeant through CSM/SGM. The appropriate selection boards review the performance portion (P-fiche) of the Official Military Personnel File (OMPF), DA Form 2A and 2-1 (Personnel Qualification Record) or Enlisted Record Brief, official photograph, and other authorized documents pertaining to soldiers in the QMP zone of consideration. This material forms the basis for the board’s evaluation of the soldier’s past performance and potential for continued service, leading to a determination of whether the soldier does or does not warrant retention.

Paragraph 19-11 of Army Regulation 635-200 states that a soldier denied continued service under the QMP may appeal the determination and request retention on active duty on the basis of improved performance and/or presence of material error in the soldier’s record when reviewed by the selection board. It also states that a soldier may submit only one appeal, requests for reconsideration of denied appeals are not authorized, and that the soldier may submit relevant material in support of the appeal. Appeals are considered by QMP appeals boards normally conducted in conjunction with Headquarters, Department of the Army centralized promotion selection boards which will consider all information considered by the QMP board and all information included in the appeal. The mere fact that a soldier’s performance has improved or that the soldier’s file contains material error is not necessarily sufficient to overcome the reason for QMP selection. The appeal board may determine that the reason for QMP selection still applies even in the light of the improved performance or correction of an error. Successful appeals result in removal of the denial of continued service determination.

The Separation Program Designator Code (SPD)/Reentry (RE) Code Cross-Reference Tables, dated October 1999, March 2001, and 31 March 2003, all provide that RE code 4 will be given when the soldier is discharged under the QMP.

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. 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. Although the applicant's DD Form 214, QMP appeal packet, and NCOER appeal packet are not available, she admits to her being QMPd. In the absence of evidence to show she was improperly selected for QMP, the Board presumes she was properly given an RE code of 4 upon her separation.
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

__aao___ __hof___ __mmb___ DENY APPLICATION

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

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INDEX

CASE ID	AR2003088158
SUFFIX
RECON
DATE BOARDED	20031016
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	Mr. Chun
ISSUES 1.	100.03
2.
3.
4.
5.
6.