MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 January 2001                   
	DOCKET NUMBER:   AR2000043416

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful 		Chairperson	
	Mr. Walter T. Morrison 		Member	
	Mr. Thomas E. O’Shaughnessy 		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:  That her request for early retirement be approved.  

APPLICANT STATES:  In effect, that her retirement packet was approved all the way up the chain of command.  She also contends that personnel verified that she met all the requirements for an early retirement before her packet was forwarded to the Department of the Army for consideration.  In support of her application, she submits a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty); two letters from a Member of Congress dated
7 June 2000 and 26 July 1999; numerous copies of fax transmittal sheets; a letter of explanation dated 12 April 2000; a letter of explanation dated
23 February 1999; a Memorandum, dated 24 March 1997, from U.S. Total Army Personnel Command; a first endorsement on the applicant's request for retirement; DA Form 4187 (Personnel Action) dated 29 January 1997; a second endorsement on the applicant’s request for retirement; DA Form 2339 (Application for Voluntary Retirement) dated 26 February 1997; and DA Form 
2A (Personnel Qualification Record, Part I).
 
EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted on 5 October 1979 for a period of 4 years.  She trained as a personnel actions specialist and was honorably discharged on 4 August 1982 under the provisions of Army Regulation 635-200 for pregnancy.  She reentered active duty on 18 April 1985 and served as a finance specialist.  

On 29 January 1997 the applicant submitted a DA Form 4187 (Personnel Action) for retirement in accordance with Army Regulation 635-200, chapter 12.  Her unit chain of command and commanding officer recommended approval.

On 26 February 1997, while serving in pay grade E-5, the applicant submitted an application for voluntary retirement based on the Fiscal Year (FY) 1997 Early Retirement Program.  

After review of the applicant’s request for early retirement, the U.S. Total Army Personnel Command determined that “In the current environment of fiscal austerity and force reductions, it is essential that our personnel policies and procedures be supportive of Army Requirements.  Because of the needs of the Army, it is not in the best interest of the Army to permit the soldier to retire at this time.”  The applicant’s request for early retirement was disapproved on 24 March 1997.   

Accordingly, the applicant was honorably discharged in the rank of sergeant (pay grade E-5) on 24 July 1997 with 15 years, 1 month and 7 days and severance pay of $22,562.30. 

Military Personnel Message NR 96-180, dated 172009Z July 1996, prescribes eligibility requirements and application procedures for early retirement for Regular Army enlisted soldiers under the Fiscal Year  (FY) 1997 Regular Army Enlisted Early Retirement Program.  This message also outlines the modifications to the existing early retirement program for FY 97.  Category B of this guidance stated that soldiers who met the following criteria were eligible to apply for early retirement: (1) must be a promotable sergeant who was allowed to reenlist for more than 15 years, 29 days prior to 1 October 1993; (2) must have greater than 15 years, but fewer than 18 years in FY97; (3) must have an expiration term of service (ETS) in FY97 or FY98; (4) must have more than 
15 years, 29 days at ETS; (5) must not have been selected for QMP; and (6)  must have reenlisted prior to 1 October 1993. 

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.  The Board considered the applicant’s contention that her request for early retirement should be approved on the basis that she met all the requirements for the FY97 Regular Army Enlisted Early Retirement Program.  However, evidence of record shows that the applicant was not promoted to staff sergeant.  As a result, she was not a promotable sergeant and did not meet the requirements and modifications for the FY97 Regular Enlisted Early Retirement Program.  

2.  Evidence of record also shows that the U.S. Total Army Personnel Command determined that it was not in the best interest of the Army to permit the applicant to retire in 1997 and that her request for early retirement was disapproved on 
24 March 1997.  Therefore, the Board determined that in the absence of any evidence of error or injustice there is no basis to approve the applicant’s request for early retirement at this time.

3.  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 this requirement.

4.  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

LLS____  WTM_____ TEO_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000043416	
SUFFIX		
RECON		
DATE BOARDED	20010123	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19979724	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	136.0000	
2.		
3.		
4.		
5.		
6.