I’m facing a QMP Board. What to do?
Countering the cause of any action that caused a Soldier to be considered for QMP will be the main thrust of any matters prepared for a QMP board. Soldiers facing a Qualitative Management Program (QMP) Board may have been identified by the board because a General Officer issued them a Memorandum of Reprimand, or GOMOR, they failed a school more than once, faced Article 15 or Court-Martial, or endured a Relief-for-Cause NCOER.
What is the Qualitative Management Program (QMP)?
According to HRC.army.mil, the Army established the QMP so that the Army only retains those Regular Army, USAR and AGR noncommissioned officers in the rank of SSG through CSM who are serving in a manner consistent with good order and discipline . It also ensured those serving in positions of authority perform in an exemplary manner. The Army claims this policy is necessary and designed to enhance the quality of the force. This policy stresses the importance of the U.S. Army NCO Corps and enables the Army to retain only NCOs who consistently maintain high standards of performance, efficiency, morality, and professionalism.
The Army designed QMP to deny senior noncommissioned officers continued service on qualitative grounds. The Army claims the program is expects commanders to maintain their responsibility to take adverse action against senior NCOs who do not meet retention standards for continued service. In fact, when commanders take action, that action is what lands NCOs in front of these boards. Here is the kicker: as soon as adverse paper like an article 15 or a GOMOR is filed in your permanent record, HRC codes your file as RET13 which flags you against getting promoted and makes you eligible for the next QMP board. This makes it even more important to work hard for a local filing should a Soldier face getting a GOMOR or an Article 15. An experienced attorney can help mitigate the damage and perhaps increase your chances of a local filing.
What happens at the Board?
The QMP board convenes under the construct of a Memorandum of Instruction (MOI) which outlines the board mission. The MOI provides guidelines to the board members to consider files of Soldiers identified for consideration. The board takes a holistic look at each Soldiers record and uses discriminators such as imposition of a field commander’s bar to reenlistment, failure to meet physical fitness standards, and those who do not comply with requirements of the Army Body Composition Program. They will also review any matters of mitigation or extenuation the Soldier supplies for consideration.
What are the consequences of being selected at the QMP for involuntary separation?
Soldiers who have less than 20 years of active federal service cannot retire in lieu of involuntary separation. That means a Soldier has not fulfilled their service obligation. Soldiers who do not fulfill the service conditions specified in the written agreement for a bonus, special pay, educational benefits, or stipend for which paid, are subject to repayment of the unearned portion under sections 303a(e) and 373 of title 37,
United States Code.
What options do I have if facing a board?
Many depend on your enlistment status, years of service, whether you have an approved retirement, or whether you are transitioning to an officer program like OCS or Warrant Officer Basic School. You may be able to extend your enlistment temporarily to face the board or request voluntary retirement if you have enough years in lieu of a board. This FAQ sheet produced by HRC has a lengthy list of situations and outcomes that are very informative.
How do I prepare for a board?
Soldiers have a right to submit matters to a board for their consideration when deciding whether to retain or dismiss a Soldier from service. Unfortunately, a Soldier cannot appear before the board to represent themselves. However, the matters they submit can counter the justification used to place the Soldier on the QMP list in the first place. Mitigation documents, such as letters of character or a thorough response to investigation, could be submitted to counter the adverse information in the Soldier’s file. Also, there may be documents in the file that the Soldier believes are unjust. The Soldier may launch a separate effort to remove those documents through a petition to the Army Board for the Correction of Military Records (ABCMR). If removal is successful, then the justification for the QMP board may no longer exist if the board is based solely upon the unjust record. Again, the HRC FAQ sheet explains different circumstances where QMP may be delayed or appealed.
Do I need an Attorney to help me with QMP?
An experienced attorney can help you prepare matters for consideration for a QMP board and assist in correcting military records. It may be best to retain an attorney’s assistance when the adverse action happens long before that action causes eventual identification for a QMP board. An attorney can help mitigate the effects of Article 15 or a GOMOR by assisting a soldier in respond to adverse action effectively. A measured response and careful strategy may increase the chances of a local filing, keeping these actions out of your permanent record. However, if unjust documents are already on permanent file a Soldier can appeal to the ABCMR to have adverse information removed. Suppose a Soldier believes an investigation finding, a GOMOR, or a Relief-for-cause NCOER was unjust. In that case, an experienced military attorney can assist in crafting a strategy to get those documents removed from a Soldier’s record through an appeal to the ABCMR. Barring all this, if there is only time to prepare a memorandum for the board and excellent character letters, a Soldier may consider retaining an attorney to prepare matters. An experienced attorney can give a Soldier their best shot at making an argument to the board that they should retain the Soldier.
If you are facing Adverse Action like an Article 15 or a GOMOR, need to remove unjust documents from your record like a Relief-for-Cause OER or an unjust investigation finding, or are facing a QMP board, contact us here or give us a call at 757-504-2815 to discuss the merits of your case.
