IN THE CASE OF:	  

		BOARD DATE:  15 October 2013

		DOCKET NUMBER:  AR20130003366 


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, promotion to staff sergeant (SSG)/E-6.

2.  The applicant states in 1982 he was accused of saying a bad word to a lady, but he was 100 percent innocent and the accusation was a lie because there is no way he could use profanity to a lady.  Then in 1984, he was issued a bar to reenlistment while on the E-6 promotion list.  The promotion cut-off score for his military occupational specialty (MOS) was normally 998; however, in October 1984, it was not 998.  It was 737 or possibly 777, and he had 1,170 total points, that was more than 998 anyways.  He feels he suffered an injustice since he received the bar to reenlistment only one day before he was supposed to get promoted.  If he had made SSG/E-6, he could have retired but they did not want him to retire and chose to have him sink deeply.

3.  The applicant provides:

* DA Forms 3356 (Board Member Appraisal)
* Memorandum, subject: Consolidated Promotion Standing (Recommended List), dated 7 November 1984
* Recommended List for Promotion of Enlisted Personnel
* DA Form 2166-6 (Enlisted Evaluation Report)
* Letter of appreciation
* DA Bar to Reenlistment
* Letters of support
* 
DD Form 214 (Report of Separation from Active Duty)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

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.  Having had prior enlisted service in the Regular Army (RA), the applicant enlisted in the RA on 10 August 1978 and he held military occupational specialties 95B (Military Police), 73C (Finance Specialist), and 54B (Nuclear, Biological, and Chemical Specialist).

3.  His record shows he served in Germany from March 1979 to March 1981 and he executed a reenlistment on 6 January 1982.

4.  On 5 December 1979, he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for orally communicating to the spouse of another Soldier certain obscene language.

5.  He was promoted to SSG/E-6 on 1 December 1981.

6.  On 2 November 1983, he accepted NJP under the provisions of Article 15, UCMJ for disobeying orders.  He was reduced to sergeant (SGT)/E-5.

7.  On 10 July 1984, he appeared before the 3rd Battalion, 327th Infantry Regiment's SSG/E-6 promotion selection board.  He was recommended for promotion and his name was incorporated on the consolidated promotion standing list.  He earned 737 promotion points as of July 1984 and 777 points as of August 1984.

8.  On 4 October 1984, by letter, the applicant was notified that HQDA conducted a comprehensive review of his record during a recent DA Selection Board for potential denial of continued service under the Qualitative Management Program (QMP).  Based on this review, HQDA recommended the applicant be denied continued active service.  As a result, he would be involuntarily discharged from the Army.  He was also advised of his rights and options.

9.  The applicant acknowledged receipt of the QMP notification memorandum and indicated he desired to submit an appeal for retention on active duty.  In his appeal, he acknowledged he had received an Article 15 for the incident with a lady in Germany.  He also acknowledged he had received another Article 15 in October 1981 for disobeying orders.  He indicated he did not believe he should be further punished by barring him from reenlistment.  He also submitted a favorable recommendation by his brigade commander together with his achievements, awards and decorations, and evaluations.  He also attached multiple letters of support supporting his retention on active duty.

10.  On 8 May 1985, HQDA denied his request.  An official stated the disapproval of his retention was based on his substandard performance and his misconduct.  Since his promotion to E-6 in 1981, he had received three substandard evaluation reports, two of which were relief for cause.  He also received two Article 15s for using improper language and disobeying orders.  His overall performance and conduct did not meet the standards of a Soldier with his grade and experience.

11.  On 15 July 1985, he was honorably discharged in accordance with Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-5 by reason of a HQDA imposed bar to reenlistment under the Qualitative Management Program.  He completed 6 years, 11 months, and 6 days of net active service during this period with 6 years, 3 months, and 27 days of total prior active service.  His DD Form 214 shows in:

* Item 4a (Grade, Rate or Rank) - SGT
* Item 4b (Pay Grade) - E-5
* Item 12h (Effective Date of Pay Grade) - 83-11-02

12.  Army Regulation 600-200 sets forth policy and prescribes procedures for denying reenlistment under the Qualitative Management Program.  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.

13.  The QMP is implemented and managed under the supervision of the Commander, U.S. Army Enlisted Records and Evaluation Center (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 NCO; 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 USAEREC Commander defines the objective of the Qualitative Management Program as being to enhance the quality of the career enlisted force by selectively retaining the best qualified Soldiers and denying further service to non-progressive or non-productive Soldiers.  It is used to eliminate Soldiers who do not meet performance conduct and attitude standards and do not have the potential for advancement.

14.  Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army Retention Program.  Paragraph 10-5 in effect at the time provided for screening procedures and stated that appropriate Department of the Army Selection Boards would review the performance portion of the official military personnel file, the DA Form 2A (PQR Part – I) and DA Form 2-1 (PQR Part – II), and other authorized documents.  From these documents, the board will evaluate past performance and estimate the potential of each service to determine if continued service is warranted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant, in effect, contends he should have been re-promoted to SSG/E-6.

2.  The applicant appeared before the 3rd Battalion, 327th Infantry Regiment's promotion selection board for promotion to E-6 on 10 July 1984.  He earned 737 promotion points in July 1984 and increased to 777 in August 1984.  However, on 4 October 1984, he was notified of an HQDA imposed bar to reenlistment due to his substandard performance and misconduct.

3.  He contends he accumulated 1,170 promotion points.  However, the maximum number of points a Soldier may earn is 998 promotion points.  In any 

case, there is no evidence in the available records and he provides none to show he was re-promoted or eligible for promotion to E-6 at the time of his separation. The fact that he was barred from reenlistment automatically placed him in a
non-promotable status.

4.  The evidence of record shows the applicant's records were considered under the QMP and he was not selected for continued service.  Accordingly, he was correctly discharged in the rank/grade of SGT/E-5 that he held at the time of his separation.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20130003366



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ABCMR Record of Proceedings (cont)                                         AR20130003366



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