IN THE CASE OF:
BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140001019
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 he be granted a 15-year retirement.
2. The applicant states he was never offered a 15-year retirement.
3. The applicant provides a copy of his DD Form 214.
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. The applicant enlisted in the Regular Army on 17 April 1972. He completed his training as an infantryman and remained on active duty through a series of continuous reenlistments. He served overseas tours in Germany, Hawaii, and Korea and was promoted to the pay grade of E-6 on 3 October 1980.
3. On 14 April 1987, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-8 due to reduction in authorized strength. The applicant had served 14 years, 11 months, and 28 days of active service.
4. On 15 April 1987, he enlisted in the U.S. Army Reserve (USAR) for as period of 3 years. He was honorably discharged from the USAR on 14 April 1990.
5. U.S. Army Personnel Command (PERSCOM) message number 93-164, dated 20 April 1993, announced the criteria for the fiscal year 1993 early retirement program (the first year the program was offered). It stated, in pertinent part, that Soldiers with at least 15 years of active federal service (AFS) but less than 20 years of AFS, in selected pay grades and military occupational specialties, could apply for early retirement. Personnel approved for early retirement will receive the same benefits as individuals with 20 years or more service except that their retired pay will be reduced. It also stated that individuals who had already separated under the provisions of any other voluntary or involuntary separation program were not eligible for early retirement (program was not retro-active). The Temporary Early Retirement Authority (TERA) was used as a temporary drawdown measure and was only in effect until Fiscal Year 1999.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been offered a 15-year early retirement has been noted and found to lack merit.
2. Not only was the 15-year retirement authority not in effect at the time of the applicants discharge, he also did not have the requisite 15 years of service at the time of his discharge.
3. Therefore, in the absence of evidence to show otherwise there appears to be no error or injustice in his case or a basis to grant him an early retirement retroactive to 1987.
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) AR20140001019
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ABCMR Record of Proceedings (cont) AR20140001019
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