QMP Board - Qualitative Management Program

There is nothing more frustrating to an NCO than, after surviving an incident that generated an adverse action, usually for the first time in an NCOs otherwise spotless career, they now face separation by the Qualitative Management Program (QMP).  What is particularly maddening is that the NCO faces this separation without the procedural safeguards of an Administrative Separation Board, but rather by a “paper board” that merely reviews the adverse action document that was filed in the NCO’s official file or AMHRR.  At risk is the NCOs current employment, future retirement worth millions of dollars, and way of life to which they spent years of dedicated service.  It seems like their entire personal and professional life is boiling down to review of a single adverse blemish on an overall stellar career by a QMP Board before which the NCO has no right to appear or present witnesses.  It is during this chaotic time that the military lawyers at the Law Office of Will M. Helixon can assist the NCO with developing a coordinated effort and response to save their career.

 What is the Qualitative Management Program (QMP)?

The Qualitative Management Program (QMP) is a force management and reduction program designed to deny continued service to Noncommissioned Officers (NCOs) who fail to meet overall requirements for continued service in the U.S. Army. The criteria for separation under the QMP include: 1) moral or ethical conduct incompatible with the values of the NCO corps and the Army ethic; 2) lack of potential to perform NCO duties in current grade; 3) decline in efficiency and performance over a continuing period, as indicated by an NCO evaluation report or failure of NCOES courses; 4) recent or continuing disciplinary problems, as evidenced by conviction by court-martial, nonjudicial punishment, or administrative reprimand (GOMOR); and 5) other discriminators such as imposition of a field commander’s bar to reenlistment, inability to meet physical fitness standards, and failure to comply with requirements of the Army Body Composition Program (ABCP).  A MILPER message is sent out every fiscal year documenting the procedures of the Qualitative Management Program (QMP) for that year.

What is the Purpose of the Qualitative Management Program (QMP)?

The purpose of the Qualitative Management Program (QMP) is to enhance the quality of the career enlisted force, selectively retain the best-qualified Soldiers, deny continued active service to nonproductive NCOs on qualitative grounds, and to encourage NCOs to consistently maintain high standards of performance, efficiency, morality, and professionalism. The QMP is not intended as a substitute, and does not relieve commanders of their command responsibility, for initiation of separation proceedings (Administrative Separation Boards) when required or appropriate.

What Soldiers are Affected by the Qualitative Management Program (QMP)?

 

Ranks Affected by QMP Board.  The Qualitative Management Program Board (QMP Board) applies to all NCOs in the rank of Staff Sergeant (E6) to Sergeant Major (E9).  AR 635-200, paragraph 16-11(b) states “all NCOs (SSG and above) whose performance, conduct, and/or potential for advancement do not meet Army standards, as determined under the QMP process by approved recommendations of an HQDA NCO evaluation board (QMP Board), will be denied continued active service. An NCO who is subsequently reduced below the rank of SSG remains eligible for denial of continued active service under this program when the basis for referral occurs as a SSG or higher rank. “

Twice Consideration Usually Not Permitted.  NCOs previously considered and determined fully qualified after consideration based on the official filing of a qualifying or source document in the AMHRR will not be considered again for the same document unless it represents part of an overall pattern when a different and subsequent qualifying document is officially filed when in the same grade.

Ineligible Soldiers for QMP Board.  NCOs who have an approved retirement (unless it is withdrawn) and who were previously retained on active duty by a prior QMP process (provided no new basis for QMP consideration is documented since the previous retention determination) will not be considered for separation by the QMP Board.

What is the Qualitative Management Program Board (QMP Board)?

The Qualitative Management Program Board (QMP Board) meets to review NCOs official personnel file to determine whether they should continue with service in the U.S. Army. The QMP Board process starts upon the permanent filing of material (qualifying or source document) in the performance or restricted folder of an NCO’s Army Military Human Resource Record (AMHRR). The QMP Board convenes under the direction and guidance 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, inability to meet physical fitness standards, and failure to comply with requirements of the Army Body Composition Program. They will also review any matters of mitigation or extenuation the Soldier offers for consideration. The QMP process is based on the presumption that all documents in an NCO’s AMHRR are otherwise authorized for filing and that all procedures and processes resulting in the official filing of such documents were done in accordance with policy in place at that time.

What Typically Triggers the Qualitative Management Program Process?

A QMP Board, operating under a separate Memorandum of Instruction, will consider NCOs for potential denial of continued active service when HRC receives material from one of the following categories for permanent filing in the performance or restricted folder of the NCO’s AMHRR (this material must be based on performance or conduct in the NCO’s current grade): 1) memorandum of reprimand from a general officer (GOMOR), or memorandum of reprimand directed for filing in the AMHRR by a general officer; 2) conviction by court-martial; 3) punishment under UCMJ, Art 15 (nonjudicial punishment); 4) relief for cause NCO evaluation report; and 5) DA Form 1059 (Service School Academic Evaluation Report) indicating Noncommissioned Officer Professional Development System (NCOPDS) course failure for a second time. Additionally, the GCMCA can refer an NCO for a QMP Board for misconduct or performance issues not specifically listed in the regulation.

How Will a Soldier be Notified that they are being Considered by the QMP Board?

When a Soldier faces separation by a QMP Board is automatic based on the permanent filing of material from one of the categories outlined in paragraph 16–11c, AR 635-200 in the AMHRR.  An NCO subject to potential denial of continued active service by the QMP Board will be officially notified, in writing, and afforded the opportunity to ensure their AMHRR is correct, and to submit matters for board consideration.  The QMP Board reviews the NCO’s AMHRR, the board version of the NCO’s record brief, official photograph, and matters of mitigation/extenuation submitted by the affected NCO. If any documents in the restricted folder of the NCO’s AMHRR formed the basis for referral for QMP consideration, the board will also consider those documents. The board will not consider portions of the NCO’s restricted folder that are not relevant to the basis for referral. The foregoing material, along with mitigating/extenuating matters the NCO submits to the president of the board, completes the file for board consideration.

What Options and Rights does a Soldier have Before the QMP Proceedings?

Personal appearance before an NCO evaluation board (QMP Board) is not authorized. NCOs subject to a QMP Board may submit voluntary retirement in lieu of being further processed for QMP consideration. Voluntary retirements must be approved effective no later than the date the Deputy Chief of Staff (DCS), G–1, or designee, approves the results of the QMP Board.  Additionally, NCOs may submit matters to the board president addressing the NCO’s potential for continued service. These matters may include letters of support from third parties. Correspondence that criticizes or reflects on the character, conduct, or motives of any other Soldier will not be provided to the board. Matters seen by a board become part of the NCO’s record for that board and will not be filed in the AMHRR. If the board president does not receive matters, this nonreceipt will not constitute grounds for reconsideration. All correspondence to the board must be received by the date established in the notification memorandum. Failure to provide correspondence by the established suspense date will not be grounds for reconsideration.  Additionally, NCOs seeking removal of unfavorable information from their record before the QMP Board convenes may petition to do so by applying to the DASEB in accordance with existing procedures outlined in AR 600–37 (Unfavorable Information) (2 October 2020).

What should be Included in a Soldier’s Response to the Qualitative Management Program Board?

Usually, when responding to a QMP Qualitative Management Program Board (QMP Board), the NCO has already filed a response or rebuttal to the qualifying or source document that is now filed in the AMHRR, whether it was in response to a GOMOR, NJP, or NCOER.  The NCO should check the documents provided to the QMP Board to determine what previous response, if any, the board will be considering.  Care should be taken not to merely repeat the same thing that was filed as response or rebuttal to the original qualifying or source document but make new and compelling arguments regarding the proposed separation of the NCO from the service.  When preparing a response to the QMP Board, an NCO should include the following key elements:

Introduction: Begin the response by addressing the board members and expressing gratitude for the opportunity to provide input on this difficult decision. Remain humble, respectful, and make sure one maintains a professional tone.  Provide accurate and up-to-date personal information, including name, rank, unit, and contact details.

Acknowledge the Concerns: Address the specific concerns or issues raised by the QMP Board regarding one’s performance or conduct as outlined in the original qualifying or source document. Demonstrate a clear understanding of the allegations or deficiencies identified. This should include identifying the actual filing of the qualifying or source document in the AMHRR that triggered the QMP Board and original response or rebuttal.

Provide Context: Offer relevant background information to provide the board with a comprehensive understanding of the circumstances surrounding the concerns raised in the document that triggered the QMP Board. This could include factors such as personal challenges, medical issues, or extenuating circumstances that may have influenced your performance at the time of the issuance of the qualifying or source document (GOMOR, Nonjudicial Punishment, Referred Evaluation, Court-Martial, failure at NCOPDS).  For instance, if the NCO has been diagnosed with Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), or other mental issues or conditions associated with their service or combat deployments, it should be addressed as it relates to the underlying misconduct or behavior addressed in the qualifying or source document filed in the AMHRR.

Defense and Explanation: Present a well-organized and coherent defense for the allegations or deficiencies raised. Provide evidence, documentation, or witness testimonies, if applicable, to support one’s case. Explain any mitigating factors or steps taken to address the issues serving as the basis for the misconduct or behavior in the qualifying or source document. Be sure to highlight the information not included in the original response or rebuttal to the source document.

Achievements and Contributions: Highlight one’s positive contributions, accomplishments, and achievements during their military service. Emphasize any awards, promotions, commendations, or positive performance evaluations that one has received, especially after the filing of the qualifying or source document in the AMHRR.

Professional Development: Discuss any efforts made to improve one’s skills, knowledge, or performance. Provide details about additional training, certifications, or educational pursuits undertaken to enhance one’s abilities.  Positive actions taken after the filing of the qualifying or source document in the AMHRR and before consideration by the QMP Board should be brought to the attention of the board.

Leadership Development:  Demonstrate one’s continued leadership development during the adverse action process.  An NCO’s statement should be thorough and emphasize leadership or critical positions held, job positions held, how one contributed to the success of their subordinates, military awards or medals, desire to serve, honorable service that outweighs deficiencies, and any other actions that merit retention. One should also establish how they possess the traits desirable of an NCO in the modern Army. The traits include personal values, competence, physical fitness/military bearing, leadership, training, and responsibility and accountability.

Future Plans: Outline one’s commitment to continued growth and improvement. Describe future plans to address any identified deficiencies and demonstrate a proactive approach to addressing any concerns raised. Highlight how one’s plans may have changed, or shifted from the issuance of the qualifying or source document filed in the AMHRR and the date the QMP Board is considering separation from the U.S. Army.  Also, distinguish the different effect that the filing of the qualifying or source document had on one’s future plans as compared to the action contemplated by the QMP Board – separation.

Recommendations and Support: If applicable, include any letters of recommendation or support from superiors, peers, or subordinates who can attest to one’s character, work ethic, and potential for future success. These should be in addition to or updated from the original recommendations submitted in response to or as rebuttal to the qualifying or source document.  For instance, if a character letter from one’s commander was included in the original GOMOR rebuttal, a second character letter from the commander should be redrafted for the specific purpose of the QMP Board, addressing the action that is being considered by the board – separation from the U.S. Army.  This applies equally for all letters of recommendation regardless of who they are from.

Conclusion: Close the response with a concise summary reiterating one’s commitment to the military, dedication to improvement, ability to continue effective and productive service in the Army, and request for a fair and objective assessment of the case. Close by requesting the QMP Board to find the evidence justifying retention in the U.S. Army.

It is important to ensure that the response is well-written, respectful, and organized. The military lawyers at the Law Office of Will M. Helixon who are familiar with the QMP process can provide valuable assistance in preparing an effective, persuasive, organized, and compelling response.  Call today to begin preparing your response for the QMP Board and fighting for your career and retention in the U.S. Army.

Who is the Approval Authority for the Decision of the Qualitative Management Program Board (QMP Board)?

The Director of Military Personnel Management (DMPM), Deputy Chief of Staff (DCS), G–1 is authorized to approve the recommendations of denial of continued service after the QMP Board as set forth in the board memorandum of instruction. The DMPM, DCS, G–1 is also the authority for separation for QMP Boards.  HRC will officially inform NCOs of final retention or denial of continued active service decisions by memorandum through the NCO’s chain of command.

What is the Process of Notifying the NCO of the Results of the Qualitative Management Program Board (QMP Board)?

Upon receipt of the QMP Board results, a commander (LTC or higher) in the chain of command will expeditiously present the notification to the affected NCO and counsel them of the decision. NCOs who are approved for denial of continued active service must be counseled, in writing, indicating they are no longer in good standing and favorable personal actions are suspended under the provisions of AR 600–8–2, they are in a non-promotable status, stabilized in their current assignment, and they understand their options as provided for by regulation.

What Happens if the Qualitative Management Program Board (QMP Board) Denies the Soldier Continued Service in the Army?

NCOs approved for denial of continued active service by the QMP process will be involuntarily discharged without entitlement to a local separation board for the convenience of the Government effective the first day of the seventh calendar month following the date the QMP Board results are approved.  The service of an NCO discharged by the QMP Board will be characterized as honorable.  Active Duty and AGR NCOs eligible for retirement and are involuntarily discharged will have their DD Form 214 coded with Separation Program Designator (SPD) code “JGH” (non-retention on active duty and 5% separation pay factor) and reenlistment eligibility code “RE–3” (not qualified for continued Army service but disqualification is waivable, and reenlistment requires a waiver). NCOs with more than 6 but less than 20 years of active federal service as a result of involuntary separation may be entitled to separation pay. An HQDA initiated flag will be top loaded for each NCO denied continued service. NCOs will also receive DA Form 268 from HRC notifying them of their flag status. The HQDA initiated flag (code “W” – involuntary separate or discharge) will remain on their file unless removed by HQDA. A determination of denial of continued active service stemming from the QMP process is final. There are no appeal provisions because every NCO will be afforded complete due process prior to the QMP Board convening date and consideration for continued active service.

Can a Soldier Appeal or Request Reconsideration of the Decision of the Qualitative Management Program Board (QMP Board)?

While the Soldier cannot appeal the QMP Board decision, they can request reconsideration of the board’s decision.  An NCO approved for denial of continued service by the QMP Board may seek reconsideration of the decision and request retention on active duty when: 1) the underlying basis (qualifying document triggering the QMP notification) is subsequently removed from the NCO’s AMHRR, or 2) when there is a material error in the NCO’s record that was reviewed by the QMP Board. Material error is the omission, change, or improper filing of information in the NCO’s AMHRR. The NCO must send a notice of intent to seek reconsideration to HRC within 7 days of receipt of the QMP selection notification memorandum and must submit the request to HRC within 30 days of receipt of the QMP selection notification memorandum (or within 30 days of being informed the document has been modified or removed from his or her AMHRR). The HRC QMP selection notification memorandum provides detailed guidance for submitting requests for reconsideration. HRC will return without action requests for reconsideration that fail to meet these established criteria.

How Does Denial of Continued Service by the QMP Process Affect the Transfer of VA Educational Benefits Under the Post 9/11 GI Bill?

The granting of transfer of educational benefits (TEB) is considered a favorable action. An NCO risks losing transfer of educational benefits (TEB) or incurring an overpayment debt if the Soldier does not fulfill the TEB service obligation.  The NCO can determine the transfer of educational benefits (TEB) Obligation End Date (OED) on the TEB Approval Form.  The NCO will lose TEB if they separate or retire, are involuntarily separated, or “retire in lieu of QMP” before fulfilling the TEB OED. If the NCOs Dependent has used TEB and the NCO does not fulfill the TEB OED, the NCO will be subject to recoupment of the used portion of the transferred benefit by the Department of Veterans Affairs (VA). If the NCOs Dependent has not used TEB and the NCO wants to have the approved TEB request rejected and the TEB Obligation End Date removed, they must take action to revoke the transfer of benefits. If an NCO has a service remaining obligation as a result of an enlistment or selective reenlistment bonus, they  are subject to repayment of unearned portions of bonuses, special pay, and educational benefits.

What is the Relationship Between the Separation Decision by the QMP Board and the Disability Evaluation System (DES) for NCOs Pending an MEB and PEB?

If an NCO is separated under a temporary or permanent disability status, the flag will be removed once HRC receives a copy of the informal Physical Evaluation Board (PEB) Proceedings (DA FORM 199 section VII) indicating the completion of the Soldier’s medical process. This will allow the transition center to generate medical separation or medical retirement orders as the situation warrants.  If an NCO is enrolled in the Disability Evaluation System (DES) they will be retained until final disposition of the DES process. The NCO should submit a DA Form 4187 requesting deferment of separation under the QMP pending completion of the DES and should attach their enrollment notification memorandum as supporting documentation. The NCOs battalion commander must sign off on the DA 4187 and forward it to HRC. Those found fit for duty will be processed for separation under the QMP no later than the 1st day of the twelfth month following the fit for duty finding. Those found unfit will be processed for separation through the Physical Disability Agency (as verified by DA Form 199). The deferment will not exceed a Soldier’s prior contractual ETS or retention control point (RCP). If medical delays are expected beyond that date, the NCO needs to contact their unit career counselor to request an extension.

What Options does a Soldier have After the Qualitative Management Program Board (QMP Board) Recommends Denial of Retention?

In addition to submitting a request for reconsideration of the board’s decision, a Soldier may take the following actions after the decision of the QMP Board:

Request earlier voluntary discharge. Such discharge is considered involuntary and will occur no earlier than 90 days after the NCO receives notification from HRC that the NCO was identified for separation under the QMP process.

Request voluntary REFRAD. Both active duty and USAR AGR NCOs with 20 years or more of qualifying service for nonregular retired pay may elect voluntary REFRAD with concurrent transfer to the Retired Reserves.

Request voluntary retirement in lieu of involuntary separation as a result of QMP.  Voluntary retirement will be approved for the date requested by the NCO but will not be later than the first day of the seventh calendar month following the date the board results are approved. NCOs who are selected for denial of continued active service and who, on the date on which the NCO is to be discharged, is within 2 years of qualifying for an active federal service retirement will be retained on active duty until the NCO is qualified for retirement unless the NCO is sooner retired or discharged under any other provision of law. In all cases, voluntary retirement must occur no earlier than 90 days from the date the NCO elects this option.

Request nonregular retirement. NCOs with 20 or more years of qualifying service for a nonregular retirement as of the established involuntary discharge date may submit a request for discharge for active-duty NCOs or a request for REFRAD (USAR AGR) with concurrent transfer to the Retired Reserves. Both active duty and USAR AGR NCOs with 18 or more, but less than 20 years, of qualifying service for a nonregular retirement as of the established discharge date will be allowed to contract with the Reserve Component for a period of up to 3 years in order to become eligible for retired pay. Active duty NCOs will be eligible to request a discharge and NCOs (USAR AGR) request a REFRAD with concurrent transfer to the Army Reserve, Troop Program Unit, to qualify for a nonregular retirement. Both active duty and USAR AGR NCOs will subsequently request release from the Army Reserve with concurrent transfer to the Retired Reserve no later than 90 days prior to attaining 20 years of qualifying service for a nonregular retirement.

Can a Soldier Appeal the Qualitative Management Program Board (QMP Board) Decision to the Army Board of Correction for Miliary Records (BCMR)?

Yes. AR 15–185 establishes the Army Board for Correction of Military Records; the highest level of administrative review within the U.S. Army to correct errors in or remove injustices from Army military records. All Soldiers have the right to apply for a correction of error or injustice in their official Army military records.  NCOs can appeal the adverse decision of the QMP Board to their appropriate service component Board of Correction for Military Records.  The BCMR has broad powers to review the findings of the Qualitative Management Program (QMP) Board.  The Army BCMR’s jurisdiction under 10 USC 1552 extends to any military record of the Department of the Army.

How can the Law Office of Will M. Helixon Assist a Soldier Facing the QMP Process?

Typically, an NCO facing a QMP Board will be assigned a legal assistance attorney at the local JAG Office to assist with responding to the notice of QMP.  Legal assistance judge advocates are generally first tour Captains in their first legal job after finishing Officer Basic Training at the JAG School.  In addition to being new to the job, many legal assistance attorneys have wide and varied competing demands on their time. If you want an experienced, dedicated, military attorney, who has decades of experience working on military law issues, contact one of the military lawyers at the Law Office of Will M. Helixon for an immediate consultation.  We will analyze your QMP Board notification and develop a comprehensive response to maximize your chances at being retained in the U.S. Army.  When your retirement, worth millions of dollars over your lifetime, is on the line, don’t gamble on your legal representation.  Call the Law Office of Will M. Helixon today.  Will M. Helixon and John Caulwell, with over 45 years of combined military experience, is ready to assist you today.  We will develop a strategy to protect your reputation and hard-earned military retirement pay.

More about the Law Office of Will M. Helixon.

Will M. Helixon established the Law Office of Will M. Helixon in February of 2016.  Originally headquartered in Kansas City, Missouri, the firm’s original mission was to defend members of the military in courts-martial, adverse administrative proceedings and other criminal proceedings. Today, the firm has worked as military lawyers in multiple complex and high-profile military cases.  The firm now handles most military matters, including medical issues involving the MEB/PEB process, adverse administrative matters, military justice matters including Nonjudicial Punishment, Administrative Separation Boards, and Boards of Inquiry, and legal assistance matters, including rebutting GOMORs and the correction of military records.  The firm also assists officers navigate the minefield of findings of adverse information (AAIP) in AR 15-6 Investigations (command directed investigations), Selection Boards (Promotion Boards), Special Selection Boards, and Special Selection Review Boards (SSRB).  No longer in Kansas City, the firm now has a European office physically located in Vilseck, Germany and in Wiesbaden, Germany.  Call us today to assist with your legal issue in Germany or the United States.  All military lawyers at the Law Office of Will M. Helixon maintain licenses to practice before all military trial courts.