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ARMY | BCMR | CY2003 | 2003088529C070403
Original file (2003088529C070403.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 January 2004
         DOCKET NUMBER: AR2003088529


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

Mr. Carl W. S. Chun Director
Ms. Joyce A. Wright Analyst


The following members, a quorum, were present:

Ms. Kathleen A. Newman Chairperson
Ms. Linda M. Barker Member
Mr. John T. Meixell Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:


1. The applicant requests, in effect, that the Enlisted Qualitative Retention Board (EQRB) decision to discharge him from the Puerto Rico Army National Guard (PRARNG) be overturned. He also requests that he be reinstated in the PRARNG, that his orders be revoked, and that he be entitled to back pay and allowances effective the date of reinstatement.

2. The applicant states the he was fully qualified in his rank and military occupational specialty (MOS). He had completed all assignments to the best of his capabilities. He had earned a Master of Arts (MA) degree and could not understand why he was not retained at the age of 43, with 26 years of service.

3. The applicant provides a copy of his appeal to the Puerto Rico State Adjutant General (AG), a memorandum from the PRARNG, and a copy of his case history for the EQRB.

CONSIDERATION OF EVIDENCE:

1. The applicant’s military records show he enlisted in the PRARNG on 8 April 1980, with prior military service. He continued to serve through a series of continuous reenlistments.

2. The applicant completed the Sergeants Major Academy and obtained a MA degree in education. His records revealed no derogatory information.

3. On 13 June 1997, the Office of the State Adjutant General notified the applicant that he had completed the required years of service to be eligible for retired pay upon applicant’s application at age 60 (20-Year Letter).

4. He was promoted to SGM/E-9 with an effective date and date of rank (DOR) of 11 July 1997.

5. The applicant's Summary of Retirement Points, dated 5 March 2002, shows that he had completed 25 years of qualifying service for retirement purposes.

6. On 31 May 2002, an EQRB convened for Selective Retention under the provisions of Army Regulation 135-205. The applicant was considered for qualitative retention but was not selected. He was informed that he would be discharged or transferred to the Retired Reserve with an effective date no later than 30 July 2002. His appeal of the EQRB decision was denied.

7. On 20 June 2002, orders were published separating the applicant from the PRARNG, effective 30 July 2002 and he was transferred to the Retired Reserve, in the rank of SGM.
8. Army Regulation 135-205 prescribes policy, responsibilities, and procedures for Special Duty Assignment (SDA) Proficiency Pay (PP) for U.S. Army Reserve (USAR) personnel, the Individual Ready Reserve Enlisted Personnel Management System, the Qualitative Retention Program and the Reserve Components Command Sergeant Major Program. This regulation applies to all enlisted members of the Army National Guard (ARNG) and the USAR.

9. Paragraph 4, of Army Regulation 135-205 governs the Qualitative Retention Program (QRP). The QRP is designed to ensure only the best qualified soldiers are retained beyond 20 years of qualifying service, to provide for career incentive, to assure advancement to the high grades at peak years of effectiveness, to satisfy continuing requirement for senior noncommissioned officers (NCOs), to provide the command with tools to control enlisted personnel and inventory, and management of career progression. The QRP is not designed to nor intended to be used in lieu of separation or removal procedures authorized by other regulations (that is, unsatisfactory performance, unsatisfactory participation, failure to meet weight standards, and so forth).

10. National Guard Regulation 600-200 establishes standards, policies, and procedures for the management of ARNG enlisted soldiers. Chapter 8, paragraph 27(a) pertains to nonselection for retention by a qualitative retention board in accordance with Army Regulation 135-205, chapter 4.

11. Army Regulation 140-10, in effect at the time, set forth the basic authority for the assignment, attachment, detail, and transfer of USAR soldiers. Chapter 7 of the regulation relates to the removal of soldiers from an active status and states, in pertinent part, that soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve.

DISCUSSION AND CONCLUSIONS :

1. The evidence of record shows that the applicant's record appeared before an EQRB for selective retention but he was not selected. He appealed this decision but was denied.

2. The applicant was transferred to the Retired Reserve in the rank of SGM effective 30 July 2002 in accordance with regulation.

3. The Board notes that the EQRB is not required to divulge the reasons for nonselection for retention. Therefore, the applicant is not entitled to reinstatement in the PRARNG or revocation of his present retirement orders.


BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__kn___ ___lb___ ___jm_____ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




                  ____Kathleen A. Newman___
                  CHAIRPERSON


INDEX

CASE ID AR2003088529
SUFFIX
RECON
DATE BOARDED 20040108
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 20020730
DISCHARGE AUTHORITY NG REG 600-200 para 8-27a
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 1023
2.
3.
4.
5.
6.


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