MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 January 2002
	DOCKET NUMBER:   AR2001062723

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Ms. Regan K. Smith		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, that his discharge be voided and that he be granted a 15-year retirement.

APPLICANT STATES:  In effect, that he was unjustly denied a 15-year retirement by the Total Army Personnel Command (PERSCOM) when they erroneously determined that he did not meet the eligibility requirements and that the target reduction number had been met.  He goes on to state that he met the requirements and applied in sufficient time to have his request approved.  He continues by stating that even after his request was denied, the Army continued to experience an overage of his military occupational specialty (MOS) and yet the Army did not consider him for the 15-year retirement.  He also states that after the PERSCOM denied his request, he was selected for separation under the Qualitative Management Program (QMP).  However, had the PERSCOM properly considered his request, he would never have been selected under the QMP.  In support of his application he submits a copy of the “TRANS-O-GRAM” he received from the PERSCOM, a copy of his request for early retirement and a copy of the responses his congressional representative received from the PERSCOM and the Office of the Chief of Legislative Liaison (OCLL) regarding his request.

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

He initially enlisted in the Regular Army on 25 July 1978 and served until he was honorably discharged on his scheduled expiration of term of service (ETS) on 22 July 1981.  He had served 2 years, 11 months and 28 days of total active Federal service (AFS).

He again enlisted in the Regular Army on 1 October 1982 for a period of 3 years. His basic active service date (BASD) was established as 3 October 1980 and he remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-6 on 1 February 1994.

On 7 November 1994, the PERSCOM sent the applicant a “TRANS-O-GRAM” notifying him that his MOS and grade were, in effect, over-strength, and that he was eligible to apply under the Fiscal Year (FY) 1995 Early Retirement and Early Release Program.  It also informed him that his request would have to be received at the PERSCOM no later than 31 December 1994, that not all applications would be approved and that only six of 300 would be approved. 

The applicant initiated his application on 30 November 1994; however, the available records fail to show when it was processed through to PERSCOM.

On 10 October 1995, the applicant was notified that the Calendar Year 1995 Sergeant First Class/Advanced Noncommissioned Officer Course Promotion/Selection Board had determined that he should be barred from reenlistment under the QMP based on the presence of three noncommissioned officer evaluation reports indicating deficiencies/weaknesses in performance, efficiency and discipline and two Records of Nonjudicial Punishment (DA Form 2627) contained in his Official Military Personnel File (OMPF).  

The applicant elected to submit an appeal and his commander elected to submit an appeal on behalf of the applicant as well.  The battalion commander initiated an appeal on behalf of the applicant on 16 November 1995 and it was supported by the brigade commander as well.  However; the commanding general did not support the recommendation.  A Department of the Army Standby Advisory Board (STAB) reviewed the appeal and denied it.  The STAB directed that he be discharged no later than 31 July 1996.  

Meanwhile, on 4 April 1996, in response to a congressional inquiry on behalf of the applicant, the PERSCOM informed the congressional representative that the Early Retirement Program was offered only to those personnel in the pay grade of E-6 who had completed 15 years of AFS as of 30 June 1995 and that the applicant was not eligible.  It further informed the representative that the applicant had been barred from reenlistment under the QMP and was ineligible for early retirement.  In May 1996, the OCLL also responded to the same congressional representative and provided essentially the same information.

The applicant requested that he be granted an extension until 31 August 1996, in order to properly clear and receive a separation physical.  He was granted an exception to policy on 19 July 1996.

Accordingly, he was honorably discharged on 28 August 1996, under the provisions of Army Regulation 635-200, paragraph 16-8, due to reduction in force.  He had served 16 years, 10 months and 26 days of total active service and received one-half separation pay in the amount of $20,003.66. 

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 this requirement.

2.  By the applicant’s own admission, the PERSCOM informed him that the target number of applications for his grade and MOS had been met by the time his request was processed at the PERSCOM.  Inasmuch as the initial notification “TRANS-O-GRAM” informed him that not all applications would be approved and that only 6 eligible applicants of 300 potential applicants was the target, it was imperative that applicants expedite their request.

3.  The applicant’s contention that he was eligible and that the PERSCOM unjustly denied his request appears to be without merit.  The applicant’s BASD was 3 October 1980.  Therefore, he could not have the required 15 years of service as of 30 June 1995, which was a prerequisite of the program.  The applicant did not have 15 years of AFS until 2 October 1995.

4.  Accordingly, the Board finds that he was properly discharged in accordance with the applicable regulations, with no violations of any of the applicant’s rights.

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

__rks ___  ____rvo _  ___eja___  DENY APPLICATION

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

INDEX

CASE ID	AR2001062723	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/01/31	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1996/08/28	
DISCHARGE AUTHORITY	AR 635-200, para 16-8	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  343	136.0500/15 YR RET	
2.		
3.		
4.		
5.		
6.