MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            16 December 1998 
	DOCKET NUMBER:   AC98-11493

	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.	Jessie B. Strickland		Analyst	

	The following members, a quorum, were present:

	Mr.	Ernest M. Willcher		Chairperson	
	Ms.	Lana E. McGlynn		Member	
	Ms.	Carol Jo Suiter		Member	

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

	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:  That she be granted a 15-year retirement under the Voluntary Early Retirement Program (VERP). 

APPLICANT STATES:  That she only needed to remain on active duty 8 additional days in order to qualify for early retirement under the VERP.  She further states that she exhausted all means of requesting a waiver of the 8 days but was denied.  She goes on to state that the military should not treat anyone in such an unjust way after 15 years of honorable service.

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

The applicant enlisted on 19 February 1981 for a period of 4 years and training as a finance specialist.  She remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-5 on 1 April 1989.

On 19 July 1995 she extended her enlistment for a period of 4 months to meet the retention control point (RCP) for her grade.  

On 14 November 1995 she submitted a request for early retirement under the Fiscal Year (FY) 1996 VERP as an exception to policy.  There is no indication in the available records to show that her request was ever finalized.

However, on 11 March 1996, she was honorably released from active duty on the expiration of her term of service.  She had served 15 years and 21 days of total active service and was given full separation pay.

Department of the Army message #95222 announced the criteria for the FY 1996 enlisted VERP.  It stated, in pertinent part, that only soldiers who had a basic active service date (BASD) of 30 September 1978 and who had more than 15 years and 29 days of active Federal service at the expiration of term of service (ETS) could apply for separation under the program.  No exceptions to policy were granted under the FY 1996 program.   

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.	In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant was properly separated from the service in accordance with the applicable regulations at her ETS, based on her having reached her RCP. 

3.  The applicant’s contentions that she was unjustly denied early retirement under the FY96 VERP have been noted by the Board and appear to be without merit.  The applicant was not qualified for separation under the VERP by virtue of her BASD and the amount of service required to qualify under that program. 

4.  To grant the applicant’s request would afford her greater benefits than other individuals with similar circumstances who were also not eligible for separation under the VERP and who were required to separate from the service before attaining retirement eligibility. 

5.  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

__emw __  ___lem__  __cs____  DENY APPLICATION

						Loren G. Harrell
						Director