MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            8 March 2001
	DOCKET NUMBER:   AR2000049073

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. William D. Powers		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 he be granted a 15-year retirement based on the fact that he was honorably discharged after 15 years of service.

APPLICANT STATES:  That 3 months after he was discharged the 15-year retirement was approved.  In support of his application he submits a copy of his Certificate of Release or Discharge (DD Form 214) and a letter from the Department of Veterans Affairs (DAV) dated 5 September 1995, which shows that he is entitled to $170.00 per month for service-connected disabilities.  He also submits a letter from the DAV dated 6 September 2000, increasing his disability compensation.

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

On 21 April 1977, he enlisted in the United States Army Reserve (USAR) for 6 years in the pay grade of E-1.  He enlisted in the Army on 19 July 1977 and he successfully completed his training as an indirect fire infantryman.  He remained on active duty through a series of continuous reenlistments.

He was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) on 3 August 1992, under the provisions of Army Regulation 635-200, chapter 16-8 as a result of the fiscal year 1992 enlisted voluntary early transition program.  He had completed 15 years and 15 days of total active service.

Further review of the records shows that he was paid a separation bonus in the amount of $40,759.20.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-8 provides that personnel will be notified of the separation by appropriate commanders and be provided the basis for the separation.

The Total Army Personnel Command message number 93-164, dated 20 April 1993, announced the criteria for the voluntary early retirement program (the first year the program was offered).  It stated, in pertinent part, that soldiers with at least 15 years of active federal service but less than 20 years of federal active service, in selected pay grades and military occupational specialties, could apply for early retirement.  Personnel approved for early retirement will receive the same benefits as individuals with 20 years or more service, except that their retired pay will be reduced.

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 available information is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  At the time of the applicant’s discharge, there were no provisions for retirement based on length of service of less than 20 years.  While such a provision was implemented in April 1993, it applied only to selected individual specialties and grades, and the provisions of early retirement under today’s standards are not retroactive.

3.  His records clearly show that he voluntarily elected separation under the early transition program prior to April 1993 and he was properly paid a lump sum separation bonus in the amount of $40,759.20.

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

__wdp___  __bjl____  __rwa___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049073	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/03/08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	NC	
REVIEW AUTHORITY		
ISSUES         1.  338	136.0000.0000	
2.  343	136.0500.0000	
3.		
4.		
5.		
6.