| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Ms. Margaret V. Thompson | Member |
APPLICANT REQUESTS: That he be given separation pay.
APPLICANT STATES: In effect, that after being twice non-selected for promotion to the rank of major, he declined selective continuation (SELCON) and was not given separation pay.
EVIDENCE OF RECORD: The applicant's military records, though somewhat incomplete, show:
He was commissioned as a military intelligence United States Army Reserve (USAR) second lieutenant on 25 May 1988 and was ordered to active duty on 27 January 1989. He was promoted to the rank of captain on 1 June 1993.
On 12 September 2000, a memorandum was dispatched to the applicant from The Adjutant General of the Army informing him that he had been twice nonselected for promotion to the rank of major by the Fiscal Year 2000 Army Major Competitive Category Promotion Selection Board. The memorandum also informed the applicant that the law provided that he be separated no later than 1 March 2001; however, the Secretary of the Army had directed that a SELCON Advisory Board be conducted and thus he would not be involuntarily separated until such time as he was considered for continuation. The memorandum further advised him that if he requested separation prior to receiving notification of the results of the SELCON, his separation would be considered voluntary and he would not be entitled to involuntary separation pay.
A review of the available records fails to show whether the applicant was selected for SELCON, if he declined SELCON or if he submitted a request for release from active duty. However, his records do contain a duly constituted report of separation (DD Form 214) signed by the applicant, which shows that he was honorably released from active duty on 1 March 2001, under the provisions of Army Regulation 600-8-24, paragraph 2-5 or 2-11, due to miscellaneous/general reasons. He had served 12 years, 1 month and 5 days of total active service and was transferred to the USAR Control Group (Reinforcement).
Army Regulation 600-8-24 serves as the authority for the REFRAD and discharge of Reserve Component commissioned and warrant officers. Paragraph 2-5 provides the process for requesting voluntary REFRAD due to personal reasons. Paragraph 2-11 provides the rules for processing voluntary REFRAD essential to National interest.
Department of the Army Circular 635-92-1 outlines the eligibility criteria for separation pay. It provides, in pertinent part, that soldiers who are discharged or REFRAD at their own request are not eligible for separation pay.
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. Absent evidence to show that the applicant formally declined SELCON, the Board must presume, based on the authority for his separation, that the applicant submitted a voluntary request for REFRAD prior to receiving notification, one way or the other, regarding SELCON status.
2. Accordingly, he was properly REFRAD without entitlement to separation pay and he had been properly advised in his notification letter that such would be the case.
3. 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 this requirement.
4. In view of the foregoing, there is 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
__mvt ___ __mm___ __rjw ___ DENY APPLICATION
| CASE ID | AR2002083316 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/09/30 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 291 | 128.0800/SEP PAY |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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