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Decision Text

ARMY | BCMR | CY1997 | 9709119
Original file (9709119.rtf) Auto-classification: Denied
APPLICANT REQUESTS: In effect, reinstatement on active duty so he can become eligible for an early retirement and that his Special Separation Benefits (SSB) payment be designated as an overpayment to be pro-rated and reimbursed over the next 20 years.
APPLICANT STATES : Several briefings he received advised that one of the reasons for considering the SSB over retirement was the highly likely passing of a National Health Care bill. This bill was not passed as briefed and, as he has permanent high blood pressure, requiring lifelong medication, his health and life are at risk.

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

He was born on 28 January 1954. He enlisted in the Regular Army on 24 September 1976 and had continuous service until his discharge.

On 30 September 1995, the applicant was voluntarily transferred to the U. S. Army Control Group (Reinforcement), in pay grade E-7, under the authority of the Early Release Program - Special Separation Benefits. He had completed 19 years and 7 days of creditable active service. He received an SSB payment of $74,549.16.

On 31 May 1996, the applicant was assigned to an Ready Reserve unit.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 16-8 provided that soldiers may be discharged prior to their ETS when budgetary or authorization limitation required a reduction in the enlisted strength.

Chapter 12 of that regulation sets the policies and procedures for voluntary retirement of soldiers because of length of service. In pertinent part, it states that a soldier who has completed 20 years active federal service (AFS) and who has completed all required service obligations is eligible to retire.

Title 10, section 1174a, U.S. Code sets forth the authority for the Service Secretary concerned to carry out a special separation benefits program. An eligible member of the armed forces may request separation under the program. Upon approval, the member shall be released from active duty or discharged and be entitled to separation pay equal to 15 percent of the product of the member’s years of active service and 12 times the monthly basic pay to which the member is entitled at the time of his release or discharge.
 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. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2. The applicant voluntarily requested separation and received the appropriate SSB payment. As a senior non-commissioned officer, he had a responsibility to himself to become informed on any and all aspects of his separation that would affect his life and future. Whatever his briefings may have told him, the fact that the National Health Care bill was in serious political trouble well before 1995 had been in the public news for some time. He made the personal decision to end his active duty career on a “might-be” factor.

3. As a veteran, the applicant should contact his nearest VA medical facility for help and assistance.

4. The applicant was assigned to a Ready Reserve unit on 31 May 1996. He has time to earn a reserve retirement before he reaches age 60.
5. In view of the foregoing, there appears to be 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



 Loren G. Harrell
                                                      Director

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