IN THE CASE OF:	  

		BOARD DATE:	  21 June 2012

		DOCKET NUMBER:  AR20120000351 


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, in effect, that her discharge be voided and that she be granted a 15-year retirement. 

2.  The applicant states that she should have been able to take the 15-year retirement instead of being discharged due to reduction in force.  She goes on to state that she was being scrutinized and over-supervised as a female in her unit.  She further states that she brought this information to the attention of her supervisor and first sergeant and from then on her environment became hostile.  She also states that she was the supply sergeant for 2 years and passed all inspections.    

3.  The applicant provides copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty), discharge orders, appeal to the Department of the Army Bar to Reenlistment under the Qualitative Management Program (QMP), an illegible newspaper article on racism, and a copy of a letter to the President of the United States.

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 enlisted in the Regular Army on 26 February 1981 for a period of 4 years and training as a patient administrative specialist.  She completed basic training at Fort McClellan, Alabama and advanced individual training at Fort Sam Houston, Texas and was transferred to Germany for a 2-year tour.  She completed the tour and was assigned to Fort Stewart, Georgia where she applied for and was approved for training as a unit supply specialist.  She completed this training at Fort Lee, Virginia and was transferred to Fort Gordon, Georgia.  

3.  She was promoted to staff sergeant (SSG)/E-6 on 1 June 1989.
She was subsequently assigned to Korea, Washington State, Germany, and Alaska.  

4.  On 1 August 1996, the U.S. Army Enlisted Records and Evaluation Center dispatched a memorandum to the applicant through her commander notifying her that the Calendar Year (CY) 1996 Sergeant First Class/Advanced Noncommissioned Officer Course Promotion Selection Board, after a comprehensive review of her Official Military Personnel File (OMPF), had determined she should be barred from reenlistment under the Qualitative Management Program (QMP).   

5.  The applicant elected to appeal the bar to reenlistment and although the results are not present in the available records it appears her appeal was denied.

6.  On 31 July 1997, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-8, due to reduction in force.  She had served 16 years, 5 months, and 5 days of active service and received one-half involuntary separation pay.

7.  There is no evidence in the available records to show she applied for a 
15-year retirement under the Voluntary Early Retirement Authority (VERA).

8.  In 1993, Congress approved the Temporary Early Retirement Authority (TERA) to be used as a drawdown tool.  This measure allowed the Army to offer early retirement to certain Soldiers who had at least 15, but not yet 20 years of service.  Early retirement is not an entitlement and the Army offered it only to selected Soldiers in excess grades and skills.  The Army continued to use the TERA through Fiscal Year 1999 (FY 99) primarily for officers in excess skill areas not selected for promotion and for sergeants with over 18 years of service who had been barred from reenlistment or who have declined continued service.  Headquarters, Department of the Army announced the list of military occupational specialties and grades that were eligible and approved applications on a first come first serve basis until the quotas were met.

9.  Army Regulation 601-280, chapter 10, 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 Soldiers to 30 years of active duty, (3) deny reenlistment to nonprogressive and nonproductive 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 pay grade E-5 through E-9 are regularly screened by the Department of the Army promotion selection boards.  The appropriate selection boards evaluate past performance and estimate the potential of each Soldier to determine if continued service is warranted.  Soldiers whose continued service is not warranted a QMP bar to reenlistment.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-8 applies to personnel denied reenlistment and provides that Soldiers may be separated prior to expiration of service when authorization limitations, strength restrictions, or budgetary constraints require the size of the enlisted force to be reduced.  The Secretary of the Army or his designee will authorize voluntary or involuntary early separation under the authority of title 10, U.S. Code, sections 1169 or 1171.  Early separation under this paragraph is for the convenience of the government and will be characterized as honorable.  

DISCUSSION AND CONCLUSIONS:

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 have jeopardized her rights.

2.  The applicant was afforded the opportunity to appeal her bar to reenlistment and apparently she was unsuccessful in her appeal.  However, the fact that her appeal was denied does not constitute an error or injustice on the part of the Department.
3.  The applicant also had the option of applying for retirement under TERA; however, there is no evidence to show she elected to exercise that option.  In any event, had she exercised the option, there is no guarantee that her request would have been approved as such requests were approved by the Department of the Army on a first come first serve basis until quotas were met.  

4.  Unfortunately, it is difficult at best to determine 15 years after the fact if her request would have been approved had she submitted it.

5.  Therefore, in the absence of evidence to show that an error or injustice exist in her case, it appears her discharge was appropriate under the circumstances and there appears to be no basis to void a proper discharge and grant her a 
15-year 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 that 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)                                         AR20120000351



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ABCMR Record of Proceedings (cont)                                         AR20120000351



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