BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140005494
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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she received a 15-year retirement under the Temporary Early Retirement Authority (TERA).
2. She states:
* she has a total of 15 years and 9 days service in the Regular Army (RA) and she is entitled to the 15-year retirement
* she was stationed in South Korea and she was not notified of this program
* her DD Form 214 shows her service in item 12c (Net Active Service This Period)
3. She provides a congressional letter, a response letter from the U.S. Army Human Resources Command, her discharge orders, her DD Form 214, and her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).
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 RA on 8 November 1983 and she remained on active duty through a series of reenlistments. She was promoted to sergeant (SGT)/E-5 on 1 January 1987.
3. On 5 August 1998, Department of the Army, Camp Casey Transition Center Orders 217-007 were published reassigning the applicant to the U.S. Army transition point for discharge processing. The orders indicate that she was authorized full separation pay in accordance with Department of the Army Circular 635-92-1.
4. She was discharged in the rank/pay grade of SGT/E-5 on 16 November 1998 under the provisions of Army Regulation 635-200 (Personnel Separations -Enlisted Personnel), chapter 4, due to completion of required active service.
5. She enlisted in the Illinois Army National Guard on 17 November 1998 and was discharged on 7 May 1999. On the following day, she was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). She was honorably discharged from the USAR on 10 December 2002.
6. Her DD Form 214 shows she completed 15 years and 9 days of net active service this period with full involuntary separation pay in the amount of $32,038.20.
7. Section 4403 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484), as amended, provided for a TERA during the force reduction transition for enlisted personnel on active duty. The purpose of this legislation was to provide the Secretary of Defense with an additional temporary force management tool to effect the drawdown of forces. The law stated that During the active force drawdown period, the Secretary of the Army may apply the provisions of Section 3914, Title 10, U. S. Code to allow early retirement of an enlisted member with at least 15 years but less than 20 years of service. The active force drawdown period is defined as beginning on 23 October 1992 and ending on 1 October 1999; however, Congress later enacted legislation which extended the period of the drawdown and the early retirement authority to
31 December 2001.
8. The Active Army did not offer a TERA during fiscal years 1999, 2000, or 2001. In fiscal year 1998, TERA was only offered to certain promotable SGT/E-5s and Soldiers with a bar to reenlistment or who declined continued service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service record shows she completed 15 years and 9 days net active service at the time of her discharge on 16 November 1998.
2. The TERA was a drawdown tool that could be used by the Service Secretaries as a management tool to effect the drawdown of forces. The Army did not offer the TERA after fiscal year 1998. In fiscal year 1998, when the applicant had less than 15 years of service, TERA was only offered to certain promotable SGT/E-5s and Soldiers with a bar to reenlistment or who declined continued service.
3. In view of the foregoing, the applicant's request should be denied.
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.
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