DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 11355-07
20 February 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 February 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 20 October 1992 for six years.
During the period from 4 November 1994 to 11 July 1996 you
received nonjudicial punishment on three occasions and received
at least three adverse performance evaluations. Your offenses
were multiple instances of disobedience, two instances of making
false official statements, and several other offenses. The
disciplinary actions resulted in a reduction to petty officer
second class.
On 3 December 1996 you were honorably discharged with disability
severance pay of $40,341.60. At that time you had completed over
18 years of active duty.
In your application, you are contending that you should have been
retired under the provisions of the Temporary Early Retirement
Authority (TERA) instead of being discharged with disability
severance pay. The authority for TERA was in effect from the
start of fiscal year 1993 through the end of fiscal year 2001.
Since TERA was a force reduction tool, for most of this period it
was not offered to individuals who were being discharged for
other reasons. Given the passage of time no other information is
available. However, even if it was a discretionary decision, it
appears that your disciplinary record would have been a factor in
any decision to only authorize severance pay. The Board was
aware that with your length of service and the pay scale in
effect in 1996 that you would have received only about $9,000 a
year in retired pay before deductions. It would have taken four
or five years to earn the amount you received in severance pay.
Therefore, there may have been factors that would have supported
a rational decision on your part to accept the severance pay
rather than retirement.
Since no other information is available, the Board concluded that
you were properly discharged on 3 December 1996 with disability
severance pay.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
VaQou Qe by
W. DEAN PPFEIF
Executive Dir Oo
AF | BCMR | CY2003 | BC-2001-01833
At the time of his application to retire under the TERA program, the Air Force was experiencing difficulty meeting its drawdown goals and was authorizing officers to retire under the program. On 6 May 1996, AFPC denied his request for retirement under the TERA program, stating that he was over seven months short of the eight years active commissioned service required to retire as an officer. His request to retire at an enlisted grade under the TERA program should have been granted as an...
ARMY | BCMR | CY2006 | 20060014647C071029
The applicant requests, in effect, that her disability retirement of 29 April 1997 be changed to show she was instead retired under Temporary Early Retirement Authority (TERA) in effect at the time. The applicant's contentions that she is entitled to have her disability retirement changed to a TERA retirement under the most favorable pay provisions of the law (10 USC 1401b) and the discharge review standards established in DODI 1332.28, as codified in Army Regulation 15-180, were carefully...
ARMY | BCMR | CY2014 | 20140010065
The DFAS official stated the law provided for a reduction or elimination of COLA during the 1st year of retirement and confirmed the applicant did not receive the benefit of any of the 2012 COLA increase that would have been effective 1 December 2011. e. The applicant offered that the law the DFAS official cited provided for a one-time reduction in COLA during the 1st year of eligibility for retirement pursuant to Title 10, USC, section 1401a, and that his eligibility for retired pay dated...
NAVY | BCNR | CY2008 | 07633-08
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure {1) with this Board requesting, as amended, that his naval record be- corrected to show that he wag retired by pursuant to the Temporary Early Retirement Authority vice discharged by reason of physical disability. He was advised by the President, PEB, on 6 January 1995, in effect, that he was being placed on the Temporary Disability Retired List (TDRL) with a rating below 30%, he...
He was entered into the weight management program (WMP) because he failed to meet the Air Force weight standards. He gained more than 70 pounds in 3 months and it was due to the thyroid problem. The board recommended applicant be separated from the Air Force with an honorable discharge, without probation and rehabilitation.
NAVY | BCNR | CY2002 | 06890-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 October 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The following day, your counsel responded that any Your counsel On 23 February 1998, the secretarial designee directed that your records be corrected to show that you were involuntarily discharged on 13 December 1995 by...
ARMY | BCMR | CY2008 | 20080014864
The applicant submitted a self-authored statement, dated 14 August 2008, which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board. With respect to the applicant's nonjudicial punishments, the evidence of record clearly shows that in both instances the applicant committed certain infractions and/or misconduct and was accordingly punished under the provisions of Article 15 of the UCMJ. With respect to early...
CG | BCMR | Retirement Cases | 1999-132
The Coast Guard alleged that many lieutenants serving on continuation contracts with less than 18 years of active service were denied TERA retirements and discharged with severance pay. In 199x, the Coast Guard incorrectly promised the applicant that, if he accepted a four-year active duty continuation contract, he would be able to remain on active duty until he could retire with 20 years of active service. However, the Coast Guard permitted the applicant to retire under TERA, which gave...
NAVY | BCNR | CY2001 | 06221-00
Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 27 June 2001. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Administrative separation Since the PEB had not been approved by that time, NJPs for nine separate offenses and a vacation action, were singled out for discipline and counseling because of these proceedings, and that command...
NAVY | BCNR | CY2009 | 07081-09
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect and as amended, that the applicable naval record be corrected to show that he transferred to the Fleet Reserve pursuant to the Temporary Early Retirement Authority (TERA) effective 1 February 2000, vice being discharged with entitlement to disability severance pay on 25 January 2000. Prior to his transfer to the TDRL he was advised by the...