检察官禁止在QMP下重新入伍 法律问题和答案

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时间:2023-06-08

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MOUNTAIN POST LEGAL
BRIEF
A Preventive Law Service of The Office of the Staff Judge
Advocate
Headquarters, Fort Carson
Keeping You Informed On Personal Legal Affairs
DA BARS TO REENLISTMENT UNDER THE
QMP
Consider these questions and answers to help you determine your rights under DAs Qualitative Management
Program.
Q: WHAT IS A BAR TO REENLISTMENT?
A: A bar to reenlistment is the administrative tool used to deny reenlistment to substandard
soldiers. Army Regulation (AR) 601-280 sets forth policies and procedures for the Army's
retention/reenlistment program. The regulation provides that only soldiers of "high moral
character, personal competence, and demonstrated adaptability" to the requirements of military
service may reenlist. The regulation authorizes bars for soldiers whose immediate separation is
not warranted but whose reenlistment is not in the best interest of the Army.
Q: WHAT IS THE DIFFERENCE BETWEEN LOCAL BARS AND DA BARS?
A: A soldier’s chain of command imposes local bars to reenlistment. The focus is on whether the
soldier should be allowed to serve beyond ETS, not on forcing the soldier out prior to ETS. DA-
imposed bars under the Qualitative Management Program (QMP) are different. The focus of these
bars is separation, under the rationale that the soldier's personnel file contains negative
information which will prevent promotion. Without the possibility of promotion, DA provides that
the soldier should be moved out of the Army. In a sense, a DA imposed bar is a part of the Army's
"up or out" philosophy.
Q: WHAT IS THE QMP?
A: The Army periodically reviews the official files of noncommissioned officers in the rank of Staff
Sergeant and above for possible promotion. The Sergeant First Class and Master Sergeant
Selection Boards examine the performance portion of a soldier's Official Military Personnel File
(OMPF) for negative information (weaknesses) which will prevent promotion. Examples of
negative information include non-judicial punishment (Article 15s), General Officer Reprimands
(GOMORs), and poor career evaluations (NCOERs). Once the board identifies the negative
information, DA lists identifies the soldier for potential separation under the QMP.
Q: WHAT PROCEDURES DOES DA FOLLOW IN THE QMP?
A: The QMP bar and a statement of option are forwarded from the US Army Enlisted Records and
Evaluation Center (USAEREC) down through the chain of command to the soldier's battalion-level
commander. That commander presents the bar to the soldier. The soldier has 5 days to select an
option. Those options include: 1) to appeal the QMP with the goal of having the bar removed; 2)
to be separated from the Army; 3) to request immediate retirement (soldiers over 20 years active
Federal service); or 4) to be scheduled for retirement (soldiers with at least 17
years and 9 months of active Federal service). Appeals must be returned to the battalion-level
MOUNTAIN POST LEGAL BRIEF is one of a series of informative handouts from the Fort Carson Legal Assistance Division
containing general information on topics that legal assistance attorneys frequently advise on. Information provided is
general in nature and does not constitute legal advice. Consult an attorney for specific legal advice for your particular
situation. You may schedule a legal assistance appointment by calling the Legal Assistance Division at 719-526-5572.
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