I’m being separated under QMP. My adjusted ETS date puts me 55 days short of reaching 18 years of service. Any advice on how to fight this?

2018-02-27T16:22:39-05:00

Response by SN Greg Wright made Feb 28 at 2018 1:48 AM

2018-02-28T01:48:17-05:00

COL Mikel J. Burroughs Sounds like you could use some advice.

Response by SFC Robert Walton made Feb 28 at 2018 9:02 AM

2018-02-28T09:02:35-05:00

I would Talk with Jag. you do not have enough information here to make a call and may not want it on here so I would make an Appointment with the Jag Office.

Response by MSG Dan Castaneda made Feb 28 at 2018 9:15 AM

2018-02-28T09:15:24-05:00

Same thing happened to a good buddy of mine. He was QMP'd and it would have put him out one or two months before his 18 year mark. He was a legit guy so the unit decided to push for a medical retirement, and he ended up getting it. I don't know how broke you are, but this guy had 12 deployments all in SF under his belt. He was highly decorated and therefore the unit took care of him. May be something you can look at.

Response by SGM Erik Marquez made Feb 28 at 2018 9:24 AM

2018-02-28T09:24:39-05:00

SFC Private RallyPoint Member Business rules for separation under QMP are perishable, as the rules are updated and published as part of the QMP board announcement.
That means I could only guess at an answer and and can not even do that as your post lacks key points to make even an educated guess.
Gather your supporting documentation, AR chap covering separation under QMP. QMP procedures, QMP announcement (which i think is MILPER Message 17-308) and go see post legal services. They are there for just this kind of thing. Remember they can not tell you what to do (make a decision for you) but they can help you understand your choices.

All that said....the Qualitative Management Program is as a whole a good tool for the service.. It is sometimes harsh to the individual, some times marginally "unfair" but always black and white. either selection for separation is warranted under the business rules for this years board, or not. If selected, you either met criteria to be separated or did not,,If not, THAT is your fight...
If you were selected properly by the rules of the board set forth....IMHO even if it is harsh, it should not have been a surprise. Not is it something I would support a Soldier fighting for unless there were extenuating circumstances ....and there can be.....but they are not common. out of more then a few that asked,,,I assisted only 3 QMP selected SM in asking for exception..all three granted for that board...and what I told them, this was not a pardon, just a stay of execution.. Get your things in order, make a plan...its going to happen next time.

Response by SSG Private RallyPoint Member made Feb 28 at 2018 2:37 PM

2018-02-28T14:37:36-05:00

This happened to my buddy. He was just shy of his 18-year Mark he was selected for the qmp board and they changed his ETS to right before his retirement. After you are denied you still have the ability to fight being denied. You have until 2 months prior to your ETS date to submit your packet. if you submit a packet and you were denied the second time you will not receive the separation pay you're authorized to have. If he has medical issues and would be paid medical benefits when he gets out. He can't receive the separation pay because he would have to pay it back before he could receive disability pay. So if he plans on getting medical pay who might as well fight it. And submit a packet requesting him to stay in the rest of his term of service out to 20 years. My good buddy did that he didn't receive the separation pay he was denied the second time but he still receives his medical from the VA.

Response by SFC Private RallyPoint Member made Feb 28 at 2018 4:37 PM

2018-02-28T16:37:29-05:00

Did u already get the unit notification?

Response by SGM Bill Frazer made Mar 3 at 2018 11:16 AM

2018-03-03T11:16:43-05:00

Wow, this stuff seems to change almost daily. 1st see JAG and retention- is there any medical reasons for it? might get it changed to MEB, which will take longer. You could try to get an extension to bring you up to 18yrs. It's a minefield but don't give up.

Response by SFC Private RallyPoint Member made Mar 7 at 2018 9:32 AM

2018-03-07T09:32:30-05:00

SFC look up AR 635-200 Chp 19 para 15. For everyone on the board, does this not apply??

b. Soldiers with a minimum of 17 years, 9 months of active Federal service at the time of notification of QMP selection,
who choose not to appeal, will be retained to 20–year retirement eligibility upon request.
(1) Those who appeal will also be retained to retirement eligibility upon request if the appeal is denied. Soldiers in this
category must apply for retirement (see chap 12) to be effective no later than the first day of the month following the month
in which they complete 20 years of active Federal service.