IN THE CASE OF:
BOARD DATE: 13 May 2014
DOCKET NUMBER: AR20130014117
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 that he be allowed to apply for a 15-year retirement.
2. He states he served over 16 years in the Army and he was honorably discharged under the early separation programs (Voluntary Separation Incentive (VSI)/Special Separation Benefit (SSB)). He adds he was not counseled or offered the 15-year retirement which he maintains that if the information had been provided he would have applied for that option.
3. He provides a self-authored statement and 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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. After having prior service in the Army National Guard, on 12 March 1979, the applicant enlisted in the Regular Army (RA). He subsequently served through several extensions and/or reenlistments in the RA in military occupational specialty 63B (Light Wheel Vehicle Mechanic) and attained the rank/grade of sergeant/E-5.
3. A DA Form 4187 (Personnel Action), dated 4 February 1992, shows he requested voluntary separation under the provisions of Military Personnel (MILPER) Message 070001Z January 1992. He elected to be separated on
10 April 1992 under SSB entitlement. His immediate commander recommended approval and on 26 February 1992, the separation authority approved his request with an approved release date of 10 April 1992.
4. His DD Form 214 shows he was honorably discharged on 10 April 1992 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 16-8, Fiscal Year 1992 (FY92) Enlisted Voluntary Early Transition Program. He enlisted in the U.S. Army Reserve (USAR), Control Group (Reinforcement). He was credited with completing 16 years, 5 months, and 21 days of total active service and he received an SSB payment of $44,606.87.
5. Department of the Army message 151929Z April 1993, subject: Temporary Active Duty Early Retirement Authority, prescribed eligibility requirements and application procedures for early retirement for RA enlisted Soldiers. The message stated that the purpose of early retirement is to provide a temporary management tool to reshape the Army through Fiscal Year 1995. It further states that requests for early retirement may not be submitted prior to 3 May 1993 and retirement dates cannot be earlier than 45 days from the date of application.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant voluntarily requested and he was approved to be discharged on 10 April 1992 under the FY92 Enlisted Voluntary Early Transition Program with entitlement to SSB. The message authorizing the Early Retirement Program was not announced until April 1993, a year after he was reassigned to the USAR Control Group (Reinforcement). Therefore, the applicant was not eligible for this program because it did not exist at the time of his separation.
2. In view of the foregoing, there is an insufficient 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) AR20130014117
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ABCMR Record of Proceedings (cont) AR20130014117
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