BOARD DATE: 9 September 2014
DOCKET NUMBER: AR20130022127
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 her retirement based on permanent disability be voided and that she be allowed to retire under the Temporary Early Retirement Authority (TERA) with 15 years of active service.
2. The applicant states she served 15 honorable years and she was not allowed to have early retirement due to a vindictive sergeant first class (SFC) and command sergeant major (CSM). She requested an early regular retirement but due to personality clashes he refused to allow it. She was informed that it would be a medical retirement or nothing.
3. The applicant provides:
* her retirement orders
* DA Form 5892 (PEBLO (Physical Evaluation Board Liaison Officer) Estimated Disability Compensation Worksheet)
* DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings)
CONSIDERATION OF EVIDENCE:
1. On 22 September 1998, she enlisted in the Regular Army. She immediately reenlisted on:
* 11 October 2001
* 24 November 2003
* 12 June 2006
* 9 October 2008
2. On 24 June 2013, an informal PEB found the applicant physically unfit for duty and recommended a disability rating of 30 percent and that she be permanently retired for disability. She concurred with the PEB findings and recommendation and waived a formal hearing of her case.
3. On 29 September 2013, she was retired and placed on the Retired List by reason of permanent disability with a 30 percent disability rating. She completed 15 years and 8 days of active service.
4. A memorandum, dated 10 June 2013, from the Secretary of the Army, subject: Army Directive 2013-14 (TERA) 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.
a. Soldiers denied continued service with an established involuntary separation date as a result of a Department of the Army centralized selection board process, who meet all eligibility outlined in the Directive may request TERA in lieu of involuntary separation. Eligibility includes noncommissioned officers 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.
b. These basic eligibility requirements may not be waived.
c. Soldiers pending evaluation for disability retirement under 10 U.S. Code (USC), Chapter 61 are not eligible for early retirement under this directive.
5. Title 10, USC, Chapter 61, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at least 30 percent.
DISCUSSION AND CONCLUSIONS:
1. She contends she was not allowed to have early retirement due to a vindictive SFC and CSM. She did not provide any evidence to support this contention.
2. There is no evidence she was denied continued service as a result of a Qualitative Service Program centralized selection board. Therefore, she would not have been eligible to request TERA even if she had not been undergoing disability processing at the time.
3. Secretary of the Army Directive 2013-14 is specific in stating that Soldiers pending evaluation for disability retirement are not eligible to request TERA. Therefore, she was not eligible to request TERA because she was pending a PEB at the time the Directive was issued.
4. In view of the above, there is no basis to grant relief in this case.
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) AR20130022127
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