APPLICANT REQUESTS: Correction of her records to show that she separated from the service under the Voluntary Early Retirement Program (VERP) instead of the Special Separation Benefit (SSB) option of the Voluntary Separation Incentive Program (VSIP).
APPLICANT STATES: That she separated from the service under the VSIP on 1 August 1992, and believes that it was unjust for Department policy makers who knew that Congress had approved the VERP, to continue to allow soldiers with over 15 years of service to separate under the VSIP, instead of offering them the option of early retirement. She further states that she believes it was wrong to offer soldiers separating in 1993 the option of the VERP and not offer it to those separating in 1992. She goes on to state that had she known of the VERP she would have, as would many others, remained in the service until it was offered.
EVIDENCE OF RECORD: The applicant's military records show:
While serving as a Chemical Operations Specialist (54B) in the pay grade of E-7, at Fort Leonard Wood, Missouri on 10 January 1992, the applicant submitted a request for separation under the SSB option of the VSIP as an exception to policy. The basis for her exception to policy was that her military occupational specialty (MOS) was not listed as a shortage MOS that qualified for separation under the VSIP (her MOS was balanced) and that she had been accepted for enrollment to a civilian nursing school.
Her request was approved by the Total Army Personnel Command (PERSCOM) on 11 May 1992 for a one-time SSB payment of $55,592.10. She was honorably discharged on 1 August 1992 and on 2 August 1992 joined the USAR and was assigned to the USAR Control Group (Individual Ready Reserve). She had served 15 years, 9 months, and 17 days of total active service.
The PERSCOM message number 93-164, dated 20 April 1993, announced the criteria for the fiscal year 1993 early retirement program (the first year the program was offered). 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 had already separated under provisions of any other voluntary or involuntary separation program were not eligible for early retirement. In addition, the applicants pay grade and MOS was not one of the selected specialties offered the early retirement option.
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. The applicant was not offered the option of early retirement vice separation under the VSIP in 1992 because the program did not go into effect until fiscal year 1993. Furthermore, the applicant was not eligible for separation under the VSIP at the time the VSIP was announced. However, she was granted an exception to policy by the Department.
2. Inasmuch as the early retirement program was available to personnel in selected pay grades and selected specialties other than those held by the applicant, she would not have been eligible to apply for the program had it been in effect.
3. Therefore, the applicant was properly separated under the SSB option of the VSIP as an exception to policy, based on her request.
4. 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.
5. 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
David R. Kinneer
Executive Secretary
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