IN THE CASE OF:
BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130018859
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, in effect, retirement under the Temporary Early Retirement Authority (TERA).
2. The applicant states according to the Secretary of the Army's memorandum, dated 10 June 2013, TERA is available to all Soldiers who have completed 15 years of active service, including Army National Guard (ARNG) Soldiers. He was non-retained by the Enlisted Qualitative Retention Board (EQRB) but was never offered TERA. He was told that ARNG Soldiers are ineligible for TERA.
3. The applicant provides:
* 2013 EQRB Results
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Retired Reserve orders
* Army Directive 2013-14 TERA
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was born in November 1963.
2. He enlisted in the TXARNG on 9 June 1988. He held military occupational specialties 92A (Automated Logistical Specialist) and 92Y (Unit Supply Specialist).
3. He entered active duty on 1 December 1996. He served through multiple extensions in the ARNG, while continuing his service on active duty, and he attained the rank/grade of staff sergeant (SSG)/E-6.
4. He was recommended for continuation of service in the TXARNG by the March 2009 and March 2012 EQRB. However, on 19 February 2013, he was notified that he was not recommended for continuation of service by the January 2013 EQRB, and as such, he must be transferred to the U.S. Army Reserve Control Group (Reinforcement) or Retired Reserve, depending on his selection.
5. He was honorably released from active duty on 30 September 2013 by reason of non-retention on active duty. His DD Form 214 shows he completed 16 years and 10 months of active service.
6. On 8 October 2013, the TXARNG published Orders 281-082 ordering his honorable discharge from the ARNG and transferring him to the Retired Reserve effective 30 September 2013.
7. An advisory opinion was received from the NGB on 14 February 2013 in the processing of this case. An advisory official recommended disapproval of the applicant's request and stated:
a. All Army Activities Message 281/2012, Subject: TERA, dated 9 October 2012, paragraph 6a states "Noncommissioned Officers (NCOs) denied continued service as a result of an approved qualitative service program (QSP) centralized selection board Â…" This is the only category of NCOs eligible for TERA. The applicant was non-selected for retention by an EQRB in January 2013 by the TXARNG, which is not a centralized board so TERA does not apply to him.
b. The G-1 published guidance for TERA in Personnel Policy Operational Message (PPOM) Number 3-039. The only National Guard members eligible for TERA are Title 10 Active Guard Reserve (AGR) Officers. PPOM Number 13-039, paragraph 4 states, "This guidance applies only to ARNG Title 10 AGR Officers ... This policy is not applicable to ARNG Title 10 AGR NCOs or Title 32 Soldiers, regardless of grade." Therefore, TERA does not apply to the applicant because he was a Title 32 AGR NCO.
c. The TXARNG concurs with this recommendation.
8. The applicant was provided with a copy of this advisory opinion but he did not respond.
9. The Secretary of the Army signed Army Directive 2013-14 on 10 June 2013.
a. This directive authorizes implementation of an early retirement program consistent with the provisions of Public Law 112-81, National Defense Authorization Act for Fiscal Year 2012, Section 504, enacted 31 December 2011 to include Active Guard and Reserve officers.
b. Retirement with at least 20 years of service has been, and will continue to be, the basic entitlement for those personnel who complete a career in the Army. This TERA is a discretionary authority and not an entitlement.
c. Soldiers denied continued service with an established involuntary separation date as a result of a Department of the Army centralized selection board process, including the Director, Army National Guard's force shaping centralized separation board for Title 10 officers, who meet all eligibility criteria outlined below may request TERA in lieu of involuntary separation:
(1) NCOs denied continued service as a result of the Qualitative Service Program centralized selection board who are serving on active duty and have completed 15 but less than 20 years of active service as of the established involuntary separation date.
(2) Officers and warrant officers placed at risk for continued service by virtue of non-selection for advancement by Promotion Selection Boards, or for separation by force shaping centralized selection processes, who are serving on active duty and have completed 15 but less than 20 years of active service as of the established involuntary separation date.
c. These basic eligibility requirements may not be waived.
DISCUSSION AND CONCLUSIONS:
NCOs who have completed 15 years of active duty and are denied continued service as a result of an approved centralized board such as the qualitative service program are offered TERA, regardless of their component. The applicant was considered by an EQRB in January 2013 by the TXARNG but he was not selected for retention. The EQRB is not a centralized board. As such, TERA did not apply to him. He remains ineligible for this program and should not be entitled to the requested relief.
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) AR20130018859
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ABCMR Record of Proceedings (cont) AR20130018859
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