IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120001033
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 to Item 26 (Separation Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 February 1992.
2. The applicant states that the "JCC" code is wrong. He should not have to repay the Special Separation Benefit (SSB) payment as this is not in accordance with (IAW) Title 10, U.S. Code, section 1174A.
3. The applicant provides:
* 1992 reassignment orders
* DD Form 214
* completed DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)
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 24 September 1979. He completed training and he was awarded military occupational specialty 27M (Multiple Launch Rocket System Repairer).
3. On 10 January 1992, he requested to be separated from the service under the Fiscal Year 1992 (FY92) Voluntary Incentive Program with entitlement to SSB.
4. Orders Number 022-116, issued by Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, OK, dated 22 January 1992, reassigned him to the U.S. Army Transition Point with a reporting date of 20 February 1992. The orders show he was approved for SSB IAW Title 10, U.S. Code, section 1174. His request was approved on 15 January 1992.
5. On 21 February 1992, he was honorably discharged in pay grade E-5 under the provisions of Army Regulation 635-200, chapter 16, by reason of FY92 Enlistment Volunteer Early Transition Program, with entitlement to an SSB payment. He was credited with completing 12 years, 4 months, and 38 days of net active service and no time lost. His DD Form 214 shows the entries:
* Item 18 (Remarks) - "SSB Payment: $35,904.82"
* Item 25 (Separation Authority) - "Army Regulation 635-200, chapter 16"
* Item 26 - "JCC"
* Item 28 (Narrative Reason for Separation) - "FY92 Enlistment Volunteer Early Transition Program"
6. Army Regulation 635-200, paragraph 16-8, in effect at the time, specified a Soldier could be separated prior to their expiration of term of service due to reduction in force, strengths limitations, or budgetary constraints authorized under the voluntary early separation program.
7. Title 10, USC, section 1174A, provides entitlement to separation pay upon approval of an eligible member's release from active duty.
8. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), in effect at the time, stated the SPD of "JCC" as shown on the applicant's DD Form 214 was appropriate when the narrative reason for voluntary discharge was "Early Release Program - SSB" and the authority for discharge was Army Regulation 635-200, chapter 16.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been acknowledged; however, the evidence of record shows he was separated under the requested Voluntary Incentive Program with an SSB payment. His request was approved and orders were published on 22 January 1992 separating him from active duty on 21 February 1992 under the provisions of Army Regulation 635-200, chapter 16, in effect at the time.
2. He was issued an SPD code of "JCC" which corresponds to the reason for his discharge.
3. He has failed to show through the evidence submitted or the evidence of record that the separation authority, separation code, or narrative reason for separation shown on his DD Form 214 for the period ending 21 February 1992 are incorrect. He also has failed to show any error or injustice in the repayment of his SSB benefit. He also does not explain why the SSB is being recouped.
4. In view of the foregoing, there is no basis for granting his 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) AR20120001033
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