DOCKET NUMBER: AR20090019802
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his records to show he was authorized severance pay under the Reduction in Authorized Strength - Qualitative Early Transition Program.
2. The applicant states his separation was involuntary and therefore he should have received severance pay upon discharge.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show he enlisted in the Regular Army on 10 October 1975. He was awarded the military occupational specialty of materiel storage and handling specialist. The highest rank/grade he held was staff sergeant/E-6.
3. He served continuously on active duty. On 13 December 1989, he was notified per memorandum that he was being barred from reenlistment under the Department of the Army (DA)-Imposed Bar to Reenlistment under the Qualitative Management Program (QMP). The memorandum stated that he had the option to appeal this decision.
4. On 20 September 1990, the applicant's appeal of the DA imposed Bar to Reenlistment was disapproved.
5. The applicant was honorably discharged from active duty on 31 December 1990. His DD Form 214 shows he completed 15 years, 2 months, and 21 days of creditable active service.
6. Army Regulation 635-200 (Personnel Separations Enlisted Separations), sets forth the basic authority for the separation of enlisted personnel. Paragraph 16-8 (Early separation due to reduction in force, strength limitations, or budgetary constraints) provides that Soldiers may be separated prior to expiration of term of service or period for which ordered to active duty when specifically authorized when authorization limitations, strength restrictions, or budgetary constraints require the size of the enlisted force to be reduced, the Secretary of the Army, or his designee, will authorize voluntary or involuntary early separation under the authority of 10 U.S. Code 1169 or 1171. The Commander, Personnel Command, will implement this program by issuing separation instructions pertaining to a specific class or category of Soldiers. Early separation under this paragraph is for the convenience of the Government.
7. Department of Defense Instruction (DoDI) 1332.29, June 20, 1991, paragraph 3.1., Full Separation Pay (Non-disability), states that full payment of non-disability separation pay is authorized to members of the Regular and Reserve components involuntarily separated from active duty who meet each of the following conditions:
a. The member is on active duty or full-time National Guard duty and has completed at least 6 years, but fewer than 20 years, of active service. A period of active duty is continuous if any break in military service does not exceed 30 days;
b. The Service member's separation is characterized as "Honorable"; and
c. The Service member is being involuntarily separated by the Military Service concerned through either the denial of reenlistment or the denial of continuation on active duty.
8. DoDI 1332.29, June 20, 1991, paragraph 5 states that this Instruction was effective immediately.
DISCUSSION AND CONCLUSIONS:
The applicant was notified of his DA imposed bar to reenlistment. His appeal of the imposed bar was disapproved. He was discharged under the provisions of Army Regulation 635-200, paragraph 16-8. At the time of his discharge there were no provisions for separation pay for enlisted Soldiers discharged under this authority. As such, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x_____ __x____ 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.
_______ _ _x______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090019802
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