BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150008388 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___ x _____ __ x ______ __ x ______ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150008388 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________ x ________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150008388 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his records to show he was retired from the Army on 30 November 2015 with placement on the Retired List on 1 December 2015. 2. The applicant states: a. In accordance with Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 6-16 (Voluntary retirement in lieu of mandatory retirement or in conjunction with the scheduled release from active duty), sub-paragraph d.(2), "the effective date of retirement for an officer with 20 or more years AFS [Active Federal Service] will not be later than 60 days from the date the officer elected retirement in lieu of elimination." His elected date of retirement in lieu of elimination was 1 December 2015. b. He was forced to retire on 30 June 2015, which was materially unfair and a violation of the above-mentioned Army regulation. His claim is worthy of attention and corrective action. He does not know the cause of the error/injustice; however, a contributing factor was the lack of responsiveness from the U.S. Army Human Resources Command (HRC). c. The specific actions that can be taken to resolve the problem include acknowledging his elected date of voluntary retirement in lieu of elimination or, at a minimum, accepting a change of his elected voluntary retirement date in lieu of elimination, thereby allowing him to be retired on 30 September 2015 with placement on the Retired List on 1 October 2015, in accordance with Army Regulation 600-8-24, paragraph 6-22 (Steps for processing a retirement withdrawal or a change in the retirement date) and Table 6-3 (Processing retirement withdrawal or retirement date change). 3. The applicant provides: * a memorandum from the applicant to the Army Review Boards Agency (ARBA), dated 4 May 2015, subject: Chief Warrant Officer Four (CW4) [Applicant] Retirement Date, with the following six enclosures: * a memorandum to the applicant from HRC, dated 23 April 2015, subject: Retirement in Lieu of Elimination * memoranda from the applicant to the Commander, XVIII Airborne Corps and Fort Bragg, dated 14 November 2014, subject: Request Voluntary Retirement in Lieu of Elimination for CW4 [Applicant],…4228 * DA Form 4187 (Personnel Action), signed by the applicant on 12 November 2014 * a memorandum from the applicant to the Deputy Assistant Secretary of the Army (Review Boards) (DASA-RB), dated 27 April 2015, subject: Change in Retirement Date ([Applicant], …RA) * a memorandum from the applicant to the Commanding General, HRC, dated 27 April 2015, subject: Change in Retirement Date ([Applicant], …RA) * DA Form 4187, signed by the applicant on 24 April 2015 * a memorandum from the applicant to the Commander, U.S. Army Security Assistance Training Management Organization, dated 4 May 2015, subject: CW4 [Applicant] Redressing Retirement Date, with the same six enclosures addressed above * a memorandum from the applicant to the Equal Employment Opportunity (EEO) Specialist/Counselor, dated 4 May 2015, subject: EEO Informal Complaint, with enclosures addressed above * DA Form 1559 (Inspector General (IG) Action Request), digitally signed by the applicant on 3 May 2015 * an extract of Army Regulation 600-8-24, with highlighted text from paragraphs 6-16 and 6-21 (Rules for processing a retirement withdrawal or a change in the retirement date) and Table 6-3 * a three-page email documenting text between the applicant and an official from HRC CONSIDERATION OF EVIDENCE: 1. Following enlisted service in the Regular Army, the applicant was appointed as a Regular Army warrant officer on 26 April 2000. He served through numerous assignments in positions of increased responsibility and was promoted to CW4 on 1 July 2010. 2. He submitted a request for voluntary retirement on 12 November 2014, wherein he requested a retirement date of 30 November 2015 with placement on the Retired List on 1 December 2015. His DA Form 4187 does not stipulate that he was requesting retirement in lieu of elimination. 3. In memoranda addressed to the Commander, XVIII Airborne Corps, dated 14 November 2014, he requested that he be released from active duty on 13 November 2015 with placement on the Retired List on 1 December 2015, and he noted that his request for retirement is made in lieu of elimination. 4. The DASA-RB approved his request for retirement in lieu of elimination on 15 April 2015. 5. He signed a DA Form 4187 on 24 April 2015, wherein he requested a change in his retirement date to 30 September 2015 with placement on the Retired List on 1 October 2015; however, the form was not signed or endorsed by his commander. 6. He submitted requests to the DASA-RB and HRC on 27 April 2015, wherein he requested a change in his retirement date to 30 September 2015 with placement on the Retired List on 1 October 2015. 7. He submitted requests to his commander and his Command EEO specialist/counselor on 4 May 2015, wherein he requested their assistance with his requests for the aforementioned change in his retirement date. Additionally, it appears he consulted the IG for assistance with this issue. 8. Orders 132-0252, issued by Headquarters, U.S. Army Garrison, Fort Bragg on 12 May 2015, ordered his assignment to the Fort Bragg Transition Center on 30 June 2015, his retirement from the Army effective 30 June 2015, and his placement on the Retired List on 1 July 2015. 9. He was honorably retired from the Army on 30 June 2015 following his completion of 24 years, 4 months, and 22 days of active service. His DD Form 214 shows he was retired by reason of unacceptable conduct. 10. An advisory opinion was obtained on 10 August 2015, from the Chief, Officer Retirements and Separations Branch, HRC, recommending disapproval of the applicant's request. This official noted: a. The applicant acknowledged receipt of his initiation of elimination on 8 August 2014. He was given the option to retire in lieu of elimination in paragraph 5(c) of his election statement. This paragraph also informed him that the effective date of his retirement would be not later than two full months from the date of adjudication of the request. In addition, Army Regulation 600-8-24, paragraph 6-16(d2), states the effective date of retirement for officers "with 20 or more years AFS will not be later than 60 days from the date the officer elected retirement in lieu of elimination." b. On 14 November 2014, the applicant elected retirement in lieu of elimination. His request was approved by the DASA-RB on 15 April 2015. HRC directed an effective date of retirement of 30 June 2015, allowing 2 full months to out-process the military. 11. The advisory opinion was forwarded to the applicant on 20 August 2015, for information and to allow him the opportunity to submit comments or a rebuttal. In his response, he emphasized that his elected retirement date was 1 December 2015. REFERENCES: Army Regulation 600-8-24 prescribes the release from active duty and discharge functions for all officers on active duty for 30 days or more. Paragraph 6-16, sub-paragraph d. provides that an officer who receives a notification memorandum of impending elimination may request retirement in lieu of elimination, if the officer has 19 years and 6 months or more AFS on the date of such application. If the officer elects to retire and the elimination action involved misconduct or moral or professional dereliction, the Commanding General, HRC, will forward the retirement application and memorandum of notification for elimination with all supporting documentation to the Army Grade Determination Board, and the Army Grade Determination Review Board will determine, as approved by the DASA-RB, the highest grade in which the officer served satisfactorily. The effective date of retirement for an officer – a. With 19 years and 6 months but less than 20 years AFS will not be later than 60 days after the officer attains 20 years AFS. b. With 20 or more years AFS will not be later than 60 days from the date the officer elected retirement in lieu of elimination (emphasis added). DISCUSSION: 1. The evidence of record shows the applicant submitted a request for voluntary retirement in lieu of elimination on 12 November 2014, wherein he requested a retirement date of 30 November 2015 with placement on the Retired List on 1 December 2015. 3. The DASA-RB approved his request for retirement in lieu of elimination on 15 April 2015 and he was retired from the Army on 30 June 2015. At the time of his retirement, he had completed 24 years, 4 months, and 22 days of active service. 4. In accordance with the governing Army regulation, the effective date of retirement for an officer with 20 or more years AFS will not be later than 60 days from the date the officer elected retirement in lieu of elimination. 5. The applicant contends he elected retirement effective 1 December 2015; therefore, his actual retirement date should have been on that date, or within 60 days from that date. It appears he is inaccurately interpreting the applicable regulatory provision in his case. 6. As outlined in the advisory opinion, he acknowledged receipt of his initiation of elimination on 8 August 2014. He was given the option to retire in lieu of elimination in paragraph 5(c) of his election statement. This paragraph also informed him that the effective date of his retirement would be not later than two full months from the date of adjudication of the request. He was properly retired on 30 June 2015, within 60 days of the date the DASA-RB approved his request. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008388 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2