IN THE CASE OF:	  

		BOARD DATE:  12 February 2014

		DOCKET NUMBER:  AR20130009144 


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 removal of his letter of non-selection under the Qualitative Retention Board (QRB) from his records.

2.  The applicant states he:

* received the QRB letter between his final two drills
* had turned in his retirement packet and it took roughly 5 months to go through the system

3.  He further states:

	a.  he has over 24 years of service with the Ohio Army National Guard (OHARNG).  He returned from deployment in October 2009 and accepted a promotion into the 684th Area Support Medical Company (ASMC).  The 684th ASMC was preparing to deploy within 18 months and he did not want to deploy again so soon.  At that time he was strongly considering retirement.

	b.  during the next two years his military occupational specialty 68W (health care specialist) certifications expired, but he continued to attend drill to help train deploying Soldiers.  In January 2011, he inquired about his retirement packet and in February he filled out the paperwork.  For the next 4-5 months there was an issue with his packet.  During the May drill he was informed the QRB rated him as non-selection for continued unit participation.  In July 2011, he told his sergeant major he wanted to retire because he only had two drills left.  He wanted to leave the military the same way he came in, a good Soldier.
	c.  the QRB letter was put in his file between August and September drills.  The first paragraph of the QRB letter states he is a fully qualified Soldier and the third paragraph says the Board's decision was not the reason for separation.

	d.  during the past year he has been working with a career counselor to enlist and continue being able to serve his country.  He has found a unit in Toledo, Ohio that is willing to accept him and send him to school.  He has maintained his height/weight standards and he passed an Army Physical Fitness Test in November 2011.    

4.  The applicant provides:

* Retirement letter, dated 3 February 2010
* DA Form 4187 (Personnel Action), dated 7 November 2010
* QRB letter, dated 8 August 2011
* Retirement orders, dated 2 September 2011
* Letter, dated 27 February 2013, from the U.S. Army Human Resources Command (HRC) to a Member of Congress
* Letter, dated 11 March 2013, from a Member of Congress
* DA Form 5500 (Body Fat Content Worksheet)
* Various email, dated March 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the OHARNG on 12 October 1982.  He was promoted to staff sergeant effective 12 September 2009.

2.  He provides a memorandum, dated 3 February 2010, which states he was giving written intent to retire from the OHARNG on 14 September 2011. 

3.  In November 2010, he elected not to extend his service obligation with the OHARNG.

4.  On 8 August 2011, he received a memorandum for non-selection for continued unit participation because he was considered for qualitative retention and was not selected.  The first paragraph of this memorandum states "While you are a fully-qualified Soldier" and the third paragraph states "Since you are not being separated as a result of your non-selection, there is no appeal." 

5.  On 27 October 2011, after completing 24 years and 6 months he was discharged from the OHARNG and assigned to the Retired Reserve.


6.  He provides a letter, dated 27 February 2013, from HRC to a Member of Congress which states:

* HRC cannot favorably consider the applicant's request to be transferred to the Inactive Ready Reserve
* he was not identified for continued service, under the QRB, making him ineligible for continued service of any kind
* there is no appeal process for the QRB decision 

7.  A review of the applicant's Army Military Human Resource Record (AMHRR) on iPERMS revealed a copy of the 8 August 2011 QRB letter.

8.  Army Regulation 600-8-104 (AMHHR Management) prescribes the policies governing the AMHRR, Military Personnel Records Jacket (MPRJ), Career Management Individual File, and Army Personnel Qualification Records.  Paragraph 2-4 states that once a document is placed in the AMHRR it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the Army Board for Correction of Military Records; Department of the Army Suitability Evaluation Board; Army appeal boards; Chief, Appeals and Corrections Branch, HRC; AMHRR custodian (when documents have been improperly filed); Commander, HRC, (as an approved policy change to this regulation); and Chief, Appeals Branch, National Guard Personnel Center.

9.  Army Regulation 600-8-104, table 6-5 (Composition of the ARNG MPRJ (ARNG unique documents or filing requirements)), states the most recent notification of qualitative retention for enlisted personnel will be filed in the performance section of the AMHRR.

DISCUSSION AND CONCLUSIONS:

1.  The governing regulation states the most recent notification of qualitative retention for enlisted personnel will be filed in the performance section of the AMHRR.  

2.  Evidence shows on 8 August 2011 the applicant received a memorandum for non-selection for continued unit participation because he was considered for qualitative retention and was not selected.

3.  There is no evidence the notification of qualitative retention was improperly imposed.  The notification letter is properly filed in his AMHRR in accordance with the governing regulation.  Therefore, there is an insufficient basis for granting the 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)                                         AR20130009144





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130009144



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1