What are my chances with the QMP consideration?

MSG Private RallyPoint Member — Wed, 02 Oct 2019 08:38:27 -0400

So, the facts are as follows. I received a RFC NCOER for "Failing to adhere to the EO Program." Which on its own is very vague and in my opinion is worse than if it said what actually happened. BLUF: I was relieved for "Creating a hostile working environment." My entire NCOER says great things, except the obvious "Did not meet standard" in character and the senior rater bullet saying I was relieved for violating the EO program. I have had a stellar career for 16 years till that point; DHG for SLC, Commandant Standard Awardee for ALC, Honor Grad in AIT, I am a trained Jumpmaster, SHARP, MRT, Battle Staff, I was an EOA, basically have every schooling possible that stands out..., now im just over 17 and im notified of this two days after I arrive in Korea for a PCS that should have never happened as HRC failed to perform their duties and stop my movement as they are required to do per their MILPER message. Now I am here, without my family to help deal with this and its very frustrating as I am also without the necessary means to seek legal assistance other then going to the JAG here on the Air Force base. After the incident I committed to the fact that I would get out at 20 if I made it there but after reading up on the process I am not sure it really matters at this point.

I have collected a Character Statement from the Battery Commander stating that I was conducting myself professionally and within the guidelines of his intent... the Brigade Commander who actually relieved me stating that I had unequivocally rehabilitated since the relief and that i MUST be retained and placed back in a 1SG position to lead our nations Sons and Daughters, along with my raters and Senior Raters since the incident stating the same. Is there any other advice that you all can get me? I am open to anything at this point. I have also received two Highly Qualified NCOERs since the incident.

What do you all think?

Response by LTC Private RallyPoint Member made Oct 2 at 2019 8:54 AM

LTC Private RallyPoint Member — Wed, 02 Oct 2019 08:54:24 -0400

Are you suggesting the relief was in error? Did you, in your opinion, do something wrong?

Response by MSG Private RallyPoint Member made Oct 2 at 2019 9:43 AM

MSG Private RallyPoint Member — Wed, 02 Oct 2019 09:43:16 -0400

You're an EOA that got an RFC for violating EO? With no clear statements stating why? Coupled with everything stellar in your jacket and the statements made on your behalf, I'd say you have a pretty good chance of being retained. If my memory is correct, you will have an opportunity to present evidence on your behalf for the QMP Board. Stay the fight and submit all your evidence.

Response by SFC Private RallyPoint Member made Oct 2 at 2019 11:58 AM

SFC Private RallyPoint Member — Wed, 02 Oct 2019 11:58:39 -0400

There is no legal assistance in a QMP, it's not a legal avenue, it's an administrative one. Much like a non-punitive LOR or GOMOR, there is no legal review to it.
Your PCS may actually work out as a blessing in disguise for you. Letters of recommendation from your Commanders (Battery through Brigade if possible) will carry the most weight for you in the QMP board. You now have a chance to submit references from any supportive members of your old chain of command, plus your new chain of command.

To give you a quick run-down, there are three ways to overcome the QMP board:

1. Show there is a material error, contest the NCOER, show the information is faulty. This is better to do prior to the QMP notice and would have delayed the board until the matter is resolved.

2. Letters of recommendation from Commanders. NCOER's are good, but they show competence, not character. An EO/SHARP/DUI etc issue is one that shows the board you lack character or judgement even though your competence is very high. So, letters from Commanders carry the most weight to the board. This isn't my personal opinion, it was told to me by CSM's who have sat on the QMP board.

3. Commander's appeal. If the board recommends to separate you, the Commander (O6 and above) may appeal the decision on the grounds that retaining you is in the best interest of the Army. This appeal is separate from the Soldier appeal, which may only be appealed on the grounds of a material error. The board does not have to listen to the Commander and may not if the issue was one of character defect.

If you are separated you may still receive a reserve retirement if your separation date takes you to over 18 years. You would still be eligible for a MEB if you have disqualifying conditions as many old paratroopers do, as well.

Response by MSG Private RallyPoint Member made Jan 21 at 2020 4:26 AM

MSG Private RallyPoint Member — Tue, 21 Jan 2020 04:26:30 -0500

Got the results today, I am being retained. Thank you everyone for being there to talk to. Appreciate it. Let me know if I can help any of you in the future.

Response by SFC Private RallyPoint Member made Jan 23 at 2020 8:38 AM

SFC Private RallyPoint Member — Thu, 23 Jan 2020 08:38:19 -0500

Have you heard anything yet MSG?