RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 May 2007
	DOCKET NUMBER:  AR20060013830 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  


Mr. Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. Hubert O. Fry, Jr.

Chairperson

Mr. Thomas E. O'Shaughnessy, Jr.

Member

Mr. James R. Hastie

Member

	The Board considered the following evidence: 

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, cancellation of her retirement on 31 July 2006 and reinstatement to active duty.  She also asks for promotion consideration to command sergeant major/sergeant major.

2.  The applicant states that her request to withdraw her retirement was approved on 29 September 2005.  

3.  The applicant provides a copy of her retirement orders and amendment, request to withdraw her retirement, and her Enlisted Record Brief.

CONSIDERATION OF EVIDENCE:

1.  On 20 November 1985, the applicant enlisted on the Regular Army.  She served through a series of enlistments and attained the rank of master sergeant, pay grade E8.

2.  On 21 January 2005, the applicant submitted a request for retirement to be effective 1 December 2005.  Her request was approved. 

3.  On 1 September 2005, the applicant submitted a request to withdraw her approved retirement for the purpose of accepting a first sergeant position in the training brigade.  

4.  On 29 September 2005, the Chief, Retirements and Separations Branch, United States Human Resources Command, Alexandria, Virginia, approved her request.  

5.  On 13 October 2005, the Chief, Retirements and Separations Branch, United States Human Resources Command, Alexandria, Virginia, reversed this decision, stating that the applicant’s original date for retirement would remain in effect.

6.  On 7 November 2005, the applicant requested to change her date of retirement from 1 December 2005 to 1 June 2006.  Her request was approved.

7.  On 29 November 2005, Orders 333-0002, United States Army Air Defense Artillery Center and Fort Bliss, Fort Bliss, Texas, directed the applicant’s release from active duty and placement on the retired list effective 1 June 2006.

8.  On 7 March 2006, the applicant submitted a second request to withdraw her approved retirement for the purpose of accepting a first sergeant position. 

9. The Chief, Retirements and Separations Branch, United States Human Resources Command, Alexandria, Virginia, disapproved the applicant’s second request to withdraw her approved retirement because her reasons did not meet the guidelines set forth in Army regulations and her military occupational specialty was over strength.

10.  On 5 April 2006, the applicant submitted a second request to change her approved retirement date from 1 June 2006 to 1 September 2006 because her job requirements prevented her from completing separation out-processing.   This request was reviewed and disapproved.

11.  On 24 May 2006, the applicant submitted a third request to change her date of retirement from 1 June to 1 September 2006, based on the same justification as her previous request.  Her request was reconsidered and her date of retirement changed to 1 August 2006, to provide her sufficient time to out-process.  

12.  On 31 July 2006, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Retired).  She had completed 20 years, 8 months and 11 days of creditable active duty.

13.  In the processing of this case, an advisory opinion was obtained from the Chief, Retirements and Separations Branch, United States Human Resources Command, Alexandria, Virginia, who opined that the applicant applied for a voluntary retirement which was approved for 1 December 2005.  In September 2005, the applicant requested to withdraw her request based on hardship.  Her request was prematurely approved on 29 September 2005, prior to the verification of her hardship.  Subsequently, her request was disapproved because it lacked sufficient justification as required by Army Regulation 635-200, paragraph 12-15.  In March 2006, the applicant submitted a second request to withdraw her retirement.  This request was also disapproved due to a lack of justification and the over strength of her military occupational specialty.  The applicant then requested on three occasions to extend her date of retirement, resulting in a final retirement date of 1 August 2006.  The Chief opined that a complete analysis of the applicant’s case revealed that she had adequate time to prepare for retirement and was aware of her retirement status each time it was changed based on her request.  As a result, the Chief recommended that her retirement remain firm.

14.  A copy of the advisory opinion was sent to the applicant for her information and comments.  As of the date of the Board, no reply has been received.  
15.  Army Regulation 635-200 (Personnel Separations) provides, in pertinent part, that an approved application for retirement may not be withdrawn by the Soldier unless it is established that retention on active duty will prevent an extreme hardship to the Soldier or his/her immediate family.  The hardship must have been unforeseen at the time of application.  An application for retirement may not be withdrawn after travel has been performed for retirement.  The retirement date will not be changed unless, after the application is submitted, events that justify a change in the retirement occur that would cause an extreme hardship to the soldier or immediate family.  Requests for withdrawal of applications or change in retirement date must be fully documented. The retirement approval authority will disapprove those requests that clearly do not meet established criteria or are not fully documented. 

16.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides, in pertinent part, that Soldiers with an approved voluntary retirement application are in a non-promotable status. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant submitted a voluntary request for retirement.  It was approved with an effective date of 1 December 2005.  The applicant requested to withdraw her request for the purpose of accepting a first sergeant position.  This request was hastily approved; however that decision was reversed because the justification did not meet the regulatory requirements and due to the over strength of her military occupational specialty.  Her subsequent request to withdraw her retirement was also disapproved for the same reasons.

2.  The applicant requested three times to change the date of her retirement.  Subsequently, her date of retirement was changed to 1 August 2006.

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 the aforementioned requirement.

4.  The applicant’s request for promotion consideration should be denied based on her approved voluntary retirement. 

5.  In view of the above, the applicant’s request should not be granted.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___HOF_  _TEO____  __JRH__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





_     _Hubert O. Fry, Jr._____
          CHAIRPERSON




INDEX

CASE ID
AR20060013830
SUFFIX

RECON
 
DATE BOARDED
20070522 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 . . . . .  
DISCHARGE REASON

BOARD DECISION

DENY
REVIEW AUTHORITY

ISSUES         1.
110.0300.0000
2.

3.

4.

5.

6.