APPLICANT REQUESTS: That her records be corrected to show that her honorable discharge of 29 July 1994 was voided and that she was retired for length of service under the fiscal year (FY) 1995 Voluntary Early Retirement Program (VERP).
APPLICANT STATES: That she was not informed at the time of her discharge that her military occupational specialty (MOS) and time in service made her eligible to apply for early retirement under the VERP. In support of her application, she submits a copy of a military personnel (MILPER) message indicating that her rank and MOS had been added to the list of personnel eligible to apply for early retirement under the VERP.
EVIDENCE OF RECORD: The applicant's military records show:
On 12 April 1994, while serving at Fort Bragg, North Carolina in the pay grade of E-6, the applicants commander notified her that he was initiating action to separate her from the service under the provisions of Army Regulation 635-200, chapter 5, for failure to provide a dependent care plan.
After consulting with counsel, the applicant waived consideration of her case before an administrative separation board and elected not to submit statements in her own behalf.
Consequently, the commander submitted the recommendation for separation which was approved by the appropriate authority on 29 April 1994.
Accordingly, the applicant was honorably discharged on 29 July 1994, under the provisions of Army Regulation 635-200, chapter 5, for parenthood. She had served 15 years and 16 days of total active service.
The MILPER message number 94-200, dated 12 May 1994, announced the criteria for the FY 1995 VERP. It stated, in pertinent part, that soldiers with at least 15 years of active federal service (AFS) but less than 20 years of AFS, in selected pay grades and military occupational specialties, could apply for early retirement. It also stated that individuals who were pending involuntary separation under the provisions of Army Regulation 635-200 were not eligible to apply for early retirement under the VERP. The applicants pay grade and MOS was not listed as one of the selected pay grades and MOSs identified as eligible to apply for retirement under the VERP.
However, on 17 June 1994, MILPER message number 94-254 announced a change that added the applicants MOS (31F) and pay grade (E-6) to the list of selected pay grades and MOSs eligible to apply for retirement under the VERP.
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(s), 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 appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2. The message that announced the implementation of the FY 1995 VERP specified that personnel who were being involuntarily separated under the provisions of Army Regulation 635-200 were not eligible to apply. Although the applicant was not initially eligible to apply because she did not possess one of the pay grades and MOSs listed as eligible to apply, her pay grade and MOS were subsequently added to the list of eligibles.
3. However, she was being processed for involuntary separation under the provisions of Army Regulation 635-200 before the provisions of the FY 1995 VERP were announced,
thus making her ineligible to apply. Consequently, there was no need to inform the applicant of the provisions of the VERP.
4. In view of the foregoing, there is no basis for granting the applicants 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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