IN THE CASE OF:
BOARD DATE: 9 September 2014
DOCKET NUMBER: AR20130021309
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 separation pay.
2. The applicant states the Army started giving separation pay after his discharge. It realized the error but has not gone back to correct this injustice.
3. The applicant provides a copy of his 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. The applicant enlisted in the Regular Army in October 1977, completed basic training and advanced individual training as a air defense missile system crew member and was promoted to pay grade E-5 in October 1983.
3. On 7 November 1988 the applicant acknowledged that the Department of the Army (DA) had imposed a bar to reenlistment against him under the Qualitative Management Program (QMP). He was informed of his options and elected to appeal; however, his appeal was denied.
4. On 11 June 1990, he was honorably discharged under the provisions of Army Regulation 635-200 (Enlisted Administrative Separations), paragraph 16-5. He had completed approximately 13 years and 5 months service.
5. 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 16-5 applies to personnel denied reenlistment and provides that Soldiers who receive DA imposed or locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar may apply for immediate discharge. Incident to the request, the member must state that he understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and that later reenlistment is not permitted.
6. 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 the quality of the career enlisted force, (2) selectively retain the best qualified Soldiers to 30 years of active duty, (3) deny reenlistment to non-progressive 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 grades E-5 through E-9 are regularly screened by the DA promotion selection boards. The appropriate selection boards evaluate past performances and estimate the potential of each Soldier to determine if continued service is warranted. Soldiers whose continued service is not warranted receive a QMP bar to reenlistment.
7. Department of the Army (DA) message 242130Z July 1991, subject: Transition Assistance, provided information on transition benefits available to Soldiers who were involuntarily separated. For transition assistance purposes, "involuntary separation" meant release from active duty of any Soldier on or after 30 September 1990 and who was denied reenlistment/continuation or was involuntarily separated under other than adverse conditions (emphasis added). In order to be eligible for separation pay, a Soldier must have:
* completed at least 6 years but fewer than 20 years of active service
* received a service characterization of honorable or under honorable conditions (general)
* signed a written agreement to serve 3 years in the Ready Reserve
* completed an initial term of enlistment
* been involuntarily separated or denied reenlistment
DISCUSSION AND CONCLUSIONS:
1. The applicant believes that he should have received separation pay. Because he failed to progress beyond pay grade E-5 in over 13 years of service, he was considered to lack potential for further service. Consequently, he was barred from reenlistment under the QMP.
2. Separation pay was authorized for Soldiers who were separated after 30 September 1990, provided they were denied reenlistment or continuation or were involuntarily separated under other than adverse conditions. The evidence shows the applicant was separated effective 11 June 1990. There was no known program that authorized separation pay to such individuals at that time.
3. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
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) AR20130021309
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ABCMR Record of Proceedings (cont) AR20130021309
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