MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 August 2002
	DOCKET NUMBER:   AR2001065442

	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:

	Ms. Joann H. Langston		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Ms. Barbara J. Lutz		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 under the Fiscal Year (FY) 1998 Enlisted Early Retirement Program (EERP). 

APPLICANT STATES:  That he was not informed about the FY 1998 EERP or the criteria used to determine if he qualified under the program until he received a reply to his inquiry from the Department of The Army.  He states that he does not understand why he was neither told nor given the chance to apply for the FY 1998 EERP or any other type of early retirement until now.  He believes that he met all of the eligibility requirements and that he should have been retired under the FY 1998 EERP or, at least, informed regarding the program.  In support of his application he submits a copy of a memorandum from the United States Military Group (US MILGP), Colombia, Enlisted Promotion Board dated 14 March 1996, indicating that he was recommended for promotion to the rank of staff sergeant (E-6); a copy of his Certificate of Release of Discharge from Active (DD Form 214); a copy of the objective regarding Qualitative Management Program; a copy of his 25 November 1992, enlistment contract; letters from the United States Total Army Personnel Command (PERSCOM) , to a senator’s office regarding his desire to be retired under the FY 1998 EERP; and a message from the Department of the Army Deputy Chief of Staff for Personnel dated 20 March 1997, which provides information regarding the FY 1998 EERP.

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

On 20 May 1981, he enlisted in the Army for 4 years in the pay grade of E-1.  He successfully completed his training as a combat signaler and he reenlisted in the Army on 3 May 1984.  

He was promoted to the pay grade of E-2 on 20 November 1981, to pay grade 
E-3 on 1 March 1982, to pay grade E-4 on 15 October 1982.

On 2 March 1987, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-8, based on a reduction in authorized strength (Early Transition Program).  He had completed 5 years, 9 months and 13 days of total active service.

He reentered the Army on 14 February 1989 in the pay grade of E-4 and he successfully completed his training as a signal support systems specialist.  On 1 November 1990 he was promoted to the pay grade of E-5 and on 25 November 1992, he reenlisted in the Army for an additional 3 years.

On 14 March 1996, the US MILGP, Enlisted Promotion Board convened to reviewed records and interview personnel for promotion to sergeant and staff sergeant (SSG).  The board recommended that the applicant be promoted to SSG; therefore, his name was integrated into the SSG Promotion List.
The Department of the Army Deputy Chief of Staff for Personnel message dated 20 March 1997 provided general information and eligibility requirements regarding the FY 1998 EERP.  

On 1 June 1998, he was honorably discharged in the pay grade of E-5, under the provisions of Army Regulation 635-200, chapter 4, based on the completion of his required active service.  He had completed 9 years, 3 months and 18 days of total active service during this period of enlistment.  Including both periods of his active duty service, he had completed 15 years, 1 month and 1 day of total active service. 

On 4 August 1999, this Board denied the applicant’s request to have his prior reserve component service added to his total active service.

On 9 August 2001, The Adjutant General, PERSCOM, notified the applicant that a review of his concerns regarding the FY 1998 EERP revealed that the program was announced; however, it was never actually implemented.  He was informed that, for the reason mentioned above, he was not notified of the program when he reached his RCP and separated.

Military Personnel message number 98-045, dated 8 December 1997, provided detailed and specific information and eligibility requirements regarding the FY 1998 EERP.  It states, in pertinent part, that soldiers must be a SSG, SSG promotable, sergeant first class (SFC) or SFC promotable with greater than 15 years but less than 20 years of service as of the requested retirement date.  The same message provides that there will be no exceptions to policy to the program; therefore, commands will not forward exceptions for considerations.

Army Regulation 601-280, in effect at the time, serves as the authority for establishing retention control points (RCP) for enlisted personnel.  The retention control point is the maximum service allowed by grade that an enlisted soldier may serve on active duty.  The regulation in effect at the time provided that soldiers serving in the pay grade of E-5 could serve no more than 15 years of active Federal service.

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.  The applicant was properly separated from the service in accordance with the applicable regulations based on the completion of his required service.

3.  The Board has noted the applicant’s contentions.  However, the FY 1998 EERP was never actually implemented.  He had reached the RCP for an individual serving in the rank of sergeant (SGT) and SGT promotable and; therefore, he was separated from the Army when he completed his required service.  Additionally, even if the program had been implemented, he would not have met all of the requirements for retirement under the program because, although he was in a promotable status, at the time of his discharge he was serving in the rank of SGT.

4.  To grant the applicant’s request would afford him greater benefits than other individuals with similar circumstances who were also discharged at their RCP.  

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

___jhl ___  ___bjl___  __rvo ___  DENY APPLICATION

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

INDEX

CASE ID	AR2001065442	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  338	136.0000	
2.  343	136.0500	
3.		
4.		
5.		
6.