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Decision Text

ARMY | BCMR | CY1995 | 9509025C070209
Original file (9509025C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS:  In effect, that he should not have been discharged.

APPLICANT STATES:  That he should not have been discharged from active duty because he was promoted to pay grade E-5.

EVIDENCE OF RECORD:  The applicant's military records show:

On 7 March 1984, he enlisted in the Regular Army.  He completed his required training and was awarded MOS 63B (Light Wheel Vehicle Mechanic).  He was promoted to pay grade E-5, effective 1 August 1992.

The facts and circumstances are not in the available records, however, on 29 September 1992, the applicant was honorably separated from active duty, in pay grade E-5, under AR 635-200, chapter 16-8, FY 92 Enlisted Voluntary Early Separation Program.  His Report of Separation indicates that he had 8 years, 6 months, and 23 days of creditable service and elected a Special Separation Benefit (SSB) of $21,880.53.

AR 635-200, paragraph 16-8, stipulates that soldiers may be discharged or released from active duty, as appropriate, prior to the expiration of their term of service when budgetary or authorization limitation requires a reduction in enlisted strength.  The Secretary of the Army, or his designee, may authorize such reduction.  Additionally, soldiers voluntarily separating were required to become members of a reserve component. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, 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.

2.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  The applicant voluntarily requested separation under the FY92 Enlisted Voluntary Early Separation Program with assignment to the Army Reserve and accepted the monetary benefits that it brought.

4.  In view of the foregoing, there is no basis for granting the applicantÂ’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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