MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            22 February 2001                  
	DOCKET NUMBER:   AR2000048188

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Stanley Kelley		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:  Correction of item 23 (Type of Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he was retired from the service.

APPLICANT STATES:  That he served in the U.S. Marine Corps for 3 years, 11 months and 29 days and that he served in the U. S. Army for 11 years, 5 months and 8 days with a total of 15 years, 5 months and 6 days of active service.  In support of his application, he submits two DD Forms 214 from the U.S. Marine Corps and the U.S. Army.

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

The applicant initially served in the U.S. Marine Corps from 14 June 1966 through 12 June 1970.  He enlisted in the Regular Army on 9 October 1980, completed training in military occupational specialty 91B (medical specialist) and remained on active duty through continuous reenlistments.  His scheduled expiration of term of service (ETS) after his last reenlistment was to be 16 March 1992.  He was promoted to sergeant effective 1 September 1982.  

On 19 February 1992, the applicant submitted a request for separation under the provisions of the Special Separation Benefit (SSB) option of the Voluntary Early Transition Program with a separation date of 15 March 1992.  The applicant’s request for early transition was approved and orders were published on 22 February 1992 directing his separation on 16 March 1992.  His orders stated that he was authorized SSB pay.

On 16 March 1992, the applicant was honorably discharged from active duty under the provisions of Army Regulation 635-200, paragraph 16-8, under the Fiscal Year 1992 Voluntary Early Transition Program and was transferred to the U.S. Army Reserve Control Group.  He had 15 years, 5 months and 7 days of total active service.

There is no indication in the applicant’s records which shows he applied for early retirement.

Army Regulation 635-200 sets forth the requirements and procedures for administrative discharges of enlisted personnel.  Chapter 16 governs Selected Changes in Service Obligations.  Paragraph 16-8 covers eligibility for early separation due to reduction in force, strength limitations, or budgetary constraints.  It states that soldiers may be separated prior to expiration of term of service or period for which ordered to active duty when specifically authorized. 

Military Personnel Message Number 92-85 provided eligibility requirements for the FY92 Enlisted Voluntary Early Transition Program.  This message stated that a soldier must have served on active duty for more than 6 years prior to 5 December 1991, but less than 20 years at time of separation; served at least 5 years of continuous active duty immediately preceding the date of separation; completed initial period of enlistment; and was a member of the Regular Army or U.S. Army Reserve on extended active duty.  A soldier who elected Voluntary Separation Incentive received an annual payment based on years of service and pay grade at the time of separation.  A soldier who elected Special Separation Benefit received a one-time payment based on years of service and pay grade at the time of separation.

Military Personnel Message Number 93-164 prescribed eligibility requirements and application procedures for the Temporary Early Retirement Authority (TERA).  It provided, in pertinent part, that soldiers whose application for separation under the Voluntary Separation Incentive/Special Separation Benefit (VSI/SSB) programs was approved on or after 3 May 1993 could not convert to early retirement unless they were currently on active duty in the Regular Army at the time of the announcement of this message; whose separation under the VSI/SSB programs was approved prior to 3 May 1993; who had at least 15 years active federal service as of 31 August 1993; and whose primary military occupational specialty (MOS), as of 31 August 1993 or earlier, was listed in this message.

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 applicant requested separation from active duty under the Special Separation Benefit option of the Voluntary Early Transition Program in February 1992.

2.  The applicant’s request was approved and he was discharged from active duty on 16 March 1992 under the Fiscal Year 1992 Voluntary Early Transition Program with 15 years, 5 months and 7 days active federal service and with entitlement under SSB to a lump sum payment based on his years of service and pay grade.

3.  Records show the applicant applied for separation under the FY92 Voluntary Early Transition Program prior to implementation of the Temporary Early Retirement Authority.  The applicant was not on active duty at the time the Temporary Early Retirement Authority message was announced and his military occupational specialty (MOS) 95B was not shown on the list of MOSs approved for early retirement in accordance with the Temporary Early Retirement Authority. 

4.  Based on the foregoing, the applicant was not eligible for early retirement under the Temporary Early Retirement Authority.  Therefore, his records which show separation under the Voluntary Early Transition are correct as currently constituted.

5.  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.

6.  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_____  TSK_____  SK _____  DENY APPLICATION

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

INDEX

CASE ID	AR2000048188	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010222    	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19920316	
DISCHARGE AUTHORITY	AR635-200,chapter 16-8	
DISCHARGE REASON	FY92 Enlisted Early Transition Program	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.0000	
2.		
3.		
4.		
5.		
6.