MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          14 January 1999     
	DOCKET NUMBER:   AC98-11112
				   AR1999016435

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Shirley L. Powell		Member	
	Ms. Kathleen A. Newman		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, the applicant is requesting retirement retroactive to his 1 July 1992 separation date.

APPLICANT STATES:  That he was separated on 1 July 1992 as a result of a reduction in force.  He was informed on 2 January 1995 that early retirement was approved for [soldiers who held] MOS (military occupational specialty) 16H.  He states that he worked in that specialty from June 1990 until his separation date.  

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant entered the Army on 23 November 1976, was trained as a defense acquisition radar operator, MOS 16J, and remained on active duty until his discharge in 1992.  The applicant has been assigned to various locations throughout the world, to include, Korea, Germany, Saudi Arabia, Fort Bliss, Texas, Fort Hood, Texas, and Fort Carson, Colorado.  He has completed various military courses, to include the basic NCO course, and has received numerous awards, to include three awards of the Army Commendation Medal, two awards of the Army Achievement Medal, four awards of the Army Good Conduct Medal, the Southwest Asia Service Medal with two bronze service stars, and the Kuwait Liberation Medal.  The applicant was promoted to Staff Sergeant in 1982, was reduced to Sergeant in 1983, and promoted again to Staff Sergeant in 1985.

In October 1978 the applicant was released from the primary leadership course due to punitive reasons.  He was absent without authorization for one day of the course, and it was determined that the applicant was in confinement.

On 1 November 1991 the applicant was notified that he was barred from reenlisting under the DA Qualitative Management Program (QMP).  The board that made this determination identified information on an evaluation report, three nonjudicial punishment actions, and a disqualification for award of a Good Conduct Medal, as a basis for this bar.  His record reflects this information.  On 
6 May 1992 the applicant apparently changed his option on an appeal to the bar to reenlistment, and elected to be separated as soon as possible.  Nevertheless, the applicant’s appeal of this bar was disapproved in June 1992 with instructions that he would be separated from the Army no later than 30 September 1992.  

An evaluation report that the applicant submitted with his request to this Board shows that his primary MOS was 16J, but his duty MOS for the period of the report, December 1990 through June 1991, was 16H30.  A later report for the period July 1991 through April 1992 shows both his primary and duty 
MOS as 16J.  

The applicant was discharged at Fort Jackson, South Carolina on 1 July 1992.  He had over 15 years of service and was authorized half separation pay at the time of his discharge.  He received $14,114.76.  He was discharged under the provisions of Army Regulation 635-200, paragraph 16-8, reduction in strength-qualitative early transition program.  

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 16-8 of that regulation concerns early separation due to reduction in force, strength limitations, or budgetary constraints, and states, in effect, that when authorization limitations, strength restrictions, or budgetary constraints require the size of the enlisted force to be reduced, the Secretary of the Army, or his designee, will authorize voluntary or involuntary early separation.  The Commander, Total Army Personnel Command (PERSCOM) will implement this program by issuing separation instructions pertaining to a specific class or category of soldiers.  Early separation under this paragraph is for the convenience of the government.  Personnel separated under this paragraph will be discharged or released from active duty, as appropriate.

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).  The program targeted specific occupational groups, grades, and years of service.  The early retirement program was strictly a management tool and never intended as an entitlement program for everyone with 15 to 20 years of service.  It stated, in pertinent part, that soldiers in selected pay grades and military occupational specialties, could apply for early retirement. A soldier who held the primary MOS of 16H, with the rank of SFC (Sergeant First Class), qualified for this program.  Soldiers had to be on active duty in the Regular Army.  It also stated that individuals who had already separated under provisions of any other voluntary or involuntary separation program were not eligible for early retirement.  That message also stated that soldiers with a DA  bar to reenlistment or who are selected for separation under provisions of the QMP who have less than 18 years active federal service are ineligible to apply for early retirement.
  
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The applicant was properly discharged prior to the advent of  the early retirement program.  Furthermore, the FY 1993 early retirement program was not offered to soldiers in his grade and primary MOS, and specifically excluded individuals who had been separated under the provisions of some other separation program.  To grant his request would afford him a benefit not afforded to others with similar circumstances.  

2.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_rvo____  __slp__  ___kan____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.