APPLICANT REQUESTS: In effect, correction of his military records to show his eligibility for the special separation benefit (SSB) program.
APPLICANT STATES: He fell under the SSB plan which required voluntary separation before 1 April 1993.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 31 March 1967. On 17 November 1984, he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program, in pay grade E-1, for 8 years. On 21 August 1985, he enlisted in the Regular Army, in pay grade E-1, for 4 years. He completed his required training and was awarded military occupational specialty (MOS) 63B (Light Wheel Vehicle Mechanic).
On 11 and 15 September 1985, he received nonjudicial punishment under Article 15, Uniform Code of Military Justice, for disobeying a lawful order and for wrongfully appropriating four pies, the property of the Dining Facility/U.S. Government. His imposed punishments included confinement in the correctional custody facility, forfeitures, extra duty, and restriction, which he did not appeal.
On 28 February 1989, he reenlisted in the Regular Army, in pay grade E-4, for 3 years. On 1 March 1991, he was promoted to pay grade E-5.
On 27 February 1992, he was honorably released from active duty, in pay grade E-5, under Army Regulation 635-200, chapter 4 (expiration of term of service), and transferred to the USAR Control Group (Reinforcement). He had completed 6 years, 6 months, and 7 days active military service.
On 24 August 1993, he was honorably discharged from the Ready Reserve.
Facts relating to the applicant's contention are contained in an opinion (COPY ATTACHED) from the U.S. Total Army Personnel Command (PERSCOM), which is incorporated herein and need not be reiterated. The PERSCOM opined that the applicants request is without merit.
A PERSCOM message, dated 7 January 1992, provided, in pertinent part, the policy and procedures for the administration and payment of separation incentive pay to specified categories of mid-career soldiers who were fully qualified for retention but faced involuntary separation as a result of being in an overstrength MOS as announced by Headquarters, Department of the Army, exceeding revised retention control points . . .It indicated that a soldier could qualify for SSB if he/she (1) had served on active duty for more than 6 years prior to 5 December 1991, but had served less than 20 years at the time of separation, and was not eligible for retirement or retainer pay based on military service; (2) had served at least 5 years of continuous active duty immediately preceding the date of separation; (3) had completed initial period of enlistment; (4) was a member of the Regular Army or USAR soldiers on extended active duty . . .; (5) met such other requirements that the Secretary of the Army could prescribe in the future, which could include requirements relating to years of service, skill, grade. Soldiers meeting the eligibility criteria . . . had to apply for separation and enter into a written agreement to separate from active duty and accept an enlistment or transfer to the Ready Reserve. Application for separation under the provisions of that program did not guarantee approval. . . Regular Army enlisted soldiers who met the foregoing eligibility requirements and who were in a specific category could request voluntary separation with SSB during Fiscal Year 1992. Category 3 applied to sergeants or above, with 9 or more years as of 31 December 1991 in MOSs listed in separate messages to be furnished by PERSCOM. These soldiers would be advised that their earliest separation date would be on or about 1 June 1992 as determined by PERSCOM.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement
2. The evidence of record indicates that the applicant was not eligible for the SSB program since he did not have more than 9 years of service and hold a selected MOS.
3. The foregoing is supported by the opinion from the PERSCOM.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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