RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 September 2005
      DOCKET NUMBER:  AR20040007435


      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             |
|     |Mr. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |Member               |

      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 that a Qualitative Management Program (QMP)
letter be removed from his records.

2.  The applicant states he did not have a chance to appeal.  He was
honorably discharged and is honorably serving in the U.S. Army Reserves.
Additionally, he has been mobilized for Enduring Freedom for the past 18
months.  He further indicates he served his country continuously and still
does to present.

3.  The applicant provides:

      a.  A copy of memorandum, subject:  Department of the Army Imposed
Bar to Reenlistment under the Qualitative Management Program (QMP), dated
31 August 2000.

      b.  A copy of a nonjudicial punishment (NJP) under Article 15,
Uniform Code of Military Justice, dated 8 May 1997.

      c.  A copy of his DD Form 214 (Certificate of Release or Discharge
from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 July 2000.  The application submitted in this case is
dated
14 September 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  On 22 September 1987, the applicant enlisted in the Regular Army for a
period of 3 years.  He remained on active duty until 5 July 2000.  At that
time, he was honorably discharged and he reenlisted in and transferred to a
U.S. Army
Reserve unit in St. Louis, Missouri under the provisions of Army Regulation
(AR) 635-200, chapter 4.  The narrative reason cited for discharge on his
DD Form 214 was "Completion of Required Active Service" and he received a
Reentry Code of "1".

4.  On 8 May 1997, the applicant accepted non-judicial punishment (NJP)
under the provisions of Article 15, Uniform Code of Military Justice, for
drunk driving on 13 April 1997.  Punishment included reduction to pay grade
E-5 and extra duty for 30 days [No evidence to show he was ever reduced in
the available records].

5.  On 31 August 2000, the applicant was notified by the Commander, U.S.
Army Enlisted Records and Evaluation Center, Indianapolis, Indiana (now
known as U.S. Army Human Resources Command – Indianapolis) that the
Calendar Year 2000 Sergeant First Class Promotion Board determined he was
to be barred from reenlistment.  The reason cited was a General Officer
Memorandum of Reprimand (GOMOR) issued to him on 28 April 1997 for drunk
driving.  He was given instructions on how to appeal the QMP action.  The
applicant indicates he did not appeal.  This same board non-selected him
for promotion to pay grade
E-7.

6.  AR 635-200 (Active Duty Enlisted Administrative Separations), dated 5
July 1984, in effect at the time, provided guidance for the separation of
individuals who had been identified under the QMP.  Chapter 4 discusses the
selection process, the notification process, appeal process, and other
miscellaneous criteria, to include the various entries to be placed on the
DD Form 214.

7.  On 4 September 2003, the applicant was promoted to SFC E-7 in the
U.S. Army Reserve.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was selected for separation under the QMP because of his
receipt of a GOMOR for driving while impaired.  The GOMOR was filed in the
performance portion of his OMPF.  Thus he was not selected for promotion to
pay grade E-7.

2.  Evidence of record shows a NJP on the restricted portion of the
applicant's OMPF for the above cited offense.

3.  The applicant is correct in his assertion that he did not have time to
appeal the
31 August 2000 QMP action; he had already been discharged from active duty
on 5 July 2000.
4.  Even though the applicant was not selected for promotion to pay grade E-
7 while on active duty resulting in his QMP action, he has continued to
serve in the military in the U.S. Army Reserve (USAR).  It is noted that he
has subsequently been promoted to pay grade E-7 while a member of the USAR.

5.  The applicant clearly violated military rules and regulations which
resulted in his receipt of the NJP, the GOMOR, and the QMP action.

6.  Despite the receipt of these unfavorable actions, he has subsequently
been promoted in the USAR.  In effect, he has soldiered through these
problems; therefore, it would be appropriate at this time to transfer the
QMP action to the restricted portion of his OMPF.  However, the applicant
clearly deserved the actions at the time and they should not be removed
entirely from his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__sk____  __bje___  __rtd___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by transferring the QMP
notification from the performance portion of his OMPF to the restricted
portion of his OMPF.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application as pertains to
the complete removal of the QMP action.



                                  Stanley Kelley
                            ______________________
                                      CHAIRPERSON
INDEX

|CASE ID                 |AR20040007435                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |134.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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