| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. Karol A. Kennedy | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. Allen L. Raub | Member |
16. In its original deliberation on this case on 11 October 2001 (AR2001056850), the Board made the following recommendations: that the applicant’s record be corrected to show that he was released from active duty (REFRAD), by reason of early retirement, under the provisions of the Fiscal Year (FY) 1995 (95) Enlisted Early Retirement Program, in lieu of the current parenthood discharge of the same date he now holds; that on the following day he was placed on the Retired List in the rank and pay grade of SFC/E-7; that he be provided all back pay and allowances due as a result, minus any monies received as a result of his involuntary separation; and that he be issued a corrected separation document that reflected these changes.
17. On 13 June 2002, a member of the Board staff was contacted by the Total Army Personnel Command (PERSCOM) official responsible for implementing the Board’s recommendations in this case. This PERSCOM official pointed out that by law, a member must be placed on the Retired List on the first day of the month. Therefore, action could not be completed on the Board’s recommendation in the applicant’s case until an amendment was made to the Board’s proceedings to comply with this legal requirement.
18. Army Regulation 635-200, chapter 12, prescribes the policy and procedures for enlistment retirements for length of service. Paragraph 12-3(d) states, in pertinent part, that for members of the Regular Army retiring from active duty status, the date of retirement is the first day of the month following the month in which the soldier is REFRAD.
THE BOARD ADDITIONALLY CONCLUDES:
6. The Board’s original intent in this case was to correct the applicant’s record to grant an early retirement in lieu of the parenthood discharge the applicant received on 4 January 1995. Given the legal requirement that the retirement date of an enlisted member of the Regular Army be the first day of the month, the Board now concludes that its original recommendation in this case should be amended to satisfy this legal requirement in order to allow PERSCOM officials to finalize the Board’s original recommendation for relief in this case.
7. In reviewing the new facts presented in this case, the Board further concludes that in order to comply with the legal requirement to establish the applicant’s retirement date on the first day of the month, in this case 1 February 1995, it is necessary to direct that applicant be placed in an excess leave status from
5 January 1995, the day following the date he was originally REFRAD, through 31 January 1995, the date being established as his REFRAD for the purpose of early retirement, in order to place him on the Retired List, effective on 1 February 1995, the first day of the month following his REFRAD.
8. In view of the additional factors in this case, the Board’s original recommendation in this case should be amended to allow for the applicant’s record to be corrected to show he was in an excess leave status from 5 January 1995 through 31 January 1995; that he was REFRAD under the provisions of the FY95 Enlisted Early Retirement Program on 31 January 1995; that he was placed on the Retired List, in the rank and pay grade of SFC/E-7 on 1 February 1995, in lieu of the current 4 January 1995 parenthood discharge he how holds; and by providing him a corrected separation document that reflects these changes.
THE BOARD RECOMMENDS:
That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the proceedings (AR2001056850), dated 11 October 2001, to read:
a. that the individual concerned was on excess leave from 5 January 1995 to
31 January 1995;
b. that he was REFRAD on 31 January 1995, by reason of early retirement under the provisions of the FY95 Enlisted Early Retirement Program, in lieu of the 4 January 1995 parenthood discharge he now holds;
c. that he was placed on the Retired List, in the rank and pay grade of SFC/E-7, on 1 February 1995;
d. by providing him any back pay and allowances due as a result of his retirement, minus any monies received as a result of his involuntary separation; and
e. by issuing him a corrected separation document that reflects these changes.
BOARD VOTE:
__KAK__ __MHM__ __ALR__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Karol A. Kennedy___
CHAIRPERSON
| CASE ID | AR2002074393 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/06/18 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 136.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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