IN THE CASE OF:	  

		BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110013081 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests retirement from active duty.

2.  The applicant states he completed 19 years and 6 days of active service and he applied for immediate retirement.

3.  The applicant provides:

* DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 24 October 1974
* DD Form 214 (Report of Separation from Active Duty) for the period ending 7 October 1976
* memorandum, U.S. Army Enlisted Records and Evaluation Center (USAEREC), dated 15 January 1992, subject:  Department of the Army (DA) Imposed Bar to Reenlistment under the Qualitative Management Program (QMP), and allied documents
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1992

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he enlisted in the U.S. Army Reserve for 6 years on 24 September 1974.  After a 30-day period of inactive service, he enlisted in the Regular Army on 24 October 1974.

3.  He was honorably discharged from active duty on 7 October 1976 for the purpose of immediate reenlistment.  His DD Form 214 shows he completed 1 year, 11 months, and 13 days of creditable active service.

4.  He reenlisted in the Regular Army on 8 October 1976 for 4 years.  He followed that with a 4-year reenlistment on 7 December 1979, a 37-month extension on 30 June 1983, and a 6-year reenlistment on 7 November 1986.

5.  On 15 January 1992, he was notified that during a review of his file by Headquarters, DA, the Calendar Year 1991 Sergeant First Class Promotion/Selection Board considered his record of service, including his performance and future potential.  As a result of this review, DA imposed a bar to reenlistment against him under the QMP.  Accordingly, a suspension of favorable actions flag was initiated against him effective 23 March 1992.

6.  He appealed the bar to reenlistment.  His immediate, intermediate, senior, and general officer commanders recommended disapproval.  His appeal was ultimately denied by DA and he was ordered separated no later than 30 September 1992 under the provisions of paragraph 16-8 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel).

7.  Accordingly, he was discharged from active duty on 30 September 1992 with entitlement to separation pay.  His DD Form 214 shows he was discharged under the provisions of paragraph 16-8 of Army Regulation 635-220 by reason of "reduction in force."  He completed 15 years, 11 months, and 23 days of active service during this period and he had 1 year, 11 months, and 14 days of prior active service for a total of 17 years, 11 months, and 3 days of active Federal service.  His DD Form 214 also shows he was credited with 1 month of inactive service.

8.  Army Regulation 635-200, chapter 4, 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 enhance the quality of the career enlisted force, selectively retain the best qualified Soldiers to 30 years of active duty, deny reenlistment to non-progressive and nonproductive Soldiers, and encourage Soldiers to maintain their eligibility for further service.

9.  The QMP is implemented and managed under the supervision of the Commander, USAEREC.  DA centralized selection boards conduct screening and/or selection of Soldiers for this program as an additional mission when conducting centralized promotion selection boards.  Criteria includes, but is not limited to, moral, professional, or ethical conduct incompatible with that expected of an noncommissioned officer; the lack of potential to perform duties; inefficiency or substandard performance; a trend of disciplinary problems; or the inability to meet physical fitness standards or failure to comply with requirements of the Army body composition program.  The objective of the QMP is to enhance the quality of the career enlisted force by selectively retaining the best qualified Soldiers and denying further service to non-progressive or nonproductive Soldiers.  It is used to eliminate Soldiers who do not meet performance, conduct, and attitude standards, and do not have the potential for advancement.

10.  Army Regulation 635-200 provides for the separation of enlisted personnel.  Chapter 12 provides for retirement from active duty.  It states a Soldier who has completed 20 but less than 30 years of active Federal service in the U.S. Armed Forces may be retired at his or her request.  The Soldier must have completed all required service obligations at the time of retirement.  Years of service for retirement are computed by adding all active Federal service in the Armed Forces and service computed under Title 10, U.S. Code, section 3925.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record of service, including his performance and future potential, was considered by a promotion selection board.  As a result of this review, DA imposed a bar to reenlistment against him under the QMP.  He appealed the bar, but his appeal was ultimately denied by DA and he was ordered separated no later than 30 September 1992 under the provisions of paragraph 16-8 of Army Regulation 635-200.

2.  Accordingly, he was discharged from active duty on 30 September 1992 with entitlement to separation pay.  His DD Form 214 shows he completed a total of 17 years, 11 months, and 3 days of active Federal service.  He did not complete at least 20 years of active Federal service.  Therefore, he does not qualify for retirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x___  DENY APPLICATION 

BOARD DETERMINATION/RECOMMENDATION:

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



      _____________x____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110013081



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ABCMR Record of Proceedings (cont)                                         AR20110013081



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