MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            7 July 1999
	DOCKET NUMBER:   AR1999014772

	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:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Meta Waller		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, reinstatement to active duty or payment of severance pay for his service.

APPLICANT STATES:  In effect, that he never received an adequate explanation of why he was separated from the service nor was he afforded the opportunity to consult with counsel.  He further states that he believes that he was entitled to receive some type of severance pay for his service because he and his family were treated unfairly. 

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

The applicant enlisted on 19 June 1974 for a period of 3 years and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-5 on 14 August 1977 and after his last reenlistment and a subsequent extension, his expiration of term of service was 4 March 1988.

On 1 March 1988 he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-8 and Department of the Army message 081000Z January 1988 due to reduction in authorized strength and the Fiscal Year 1988 early transition program.  He had served 13 years, 8 months, and 13 days of total active service.

Army Regulation 601-280 provides the policies and procedures for the retention and reenlistment of enlisted personnel.  The regulation in effect at the time stated, in pertinent part, that the maximum service that personnel could serve in the pay grade of E-5 was 13 years and that they could not exceed their Retention Control Point by more than 29 days.   

Army Regulation 635-200 serves as the authority for enlisted personnel.  The regulation in effect at the time provided, in paragraph 16-8, that soldiers may be discharged or released from active duty, as appropriate, prior to the expiration of their term of service when budgetary or authorization limitation requires a reduction in enlisted strength as authorized by the Secretary of the Army.  Early separation under this paragraph is for the convenience of the government and will be characterized as honorable.

Department of the Army Circular 635-92-1 outlines the eligibility criteria for separation pay and provides separation pay formulas as authorized by the Department of Defense Instruction 1332.29 dated 20 June 1991 and other Headquarters, Department of the Army guidance, resulting from Public Law 101-510, The National Defense Authorization Act for Fiscal Year 1991.  The circular also illustrates the various types of separations that are either eligible or ineligible for separation pay.  It states, in pertinent part, that separation pay is authorized for soldiers serving on active duty on 5 November 1990 who were involuntarily separated prior to completion of obligated service or who were denied reenlistment/continuation.  Soldiers who are denied reenlistment are authorized one-half separation.  It also states that in extraordinary circumstances, the Secretary of the Army may award full separation pay when the specific reason for separation and the overall quality of the soldier’s service have been such that denial of full pay would be clearly unjust.

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.  Although the passage of time makes it difficult to determine to what extent the applicant was counseled regarding his separation from the service, it appears that the applicant was properly discharged in accordance with applicable regulations with no indication of any of the applicant’s rights.

2.  It also appears based on the evidence of record that the applicant was ineligible to reenlist because he had reached his RCP and could not reenlist for the minimum period of 2 years without exceeding his RCP.

3.  Accordingly, he was separated under the applicable guidelines and policies in effect at the time.

4.  Unfortunately, severance pay had not been authorized for enlisted personnel until 3 years after his separation and was not made retroactive to encompass his separation.  Therefore, no entitlement existed at the time of his separation.

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 the aforementioned 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

___ja ___  __mlw___  __inw___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014772	
SUFFIX		
RECON		
DATE BOARDED	1999/07/07	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1988/03/01	
DISCHARGE AUTHORITY	AR635-200, para 16-8	
DISCHARGE REASON	Reduction in strength-FY88 early transition prgm	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  291 	128.0800/SEV PAY	
2.  467 	144.0500/a05.00	
3.		
4.		
5.		
6.