ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 April 2019 DOCKET NUMBER: AR20160016005 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was retired. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states the Army implemented an early out retirement for those that served 15 years of active duty. It went into effect approximately 3 months after he got out. He served 15 years, as shown on his DD Form 214. 3. A review of the applicant’s service records shows the following: a. He enlisted in the Regular Army on 27 October 1976. b. He served in: * Korea from 9 February 1977 to 8 February 1978 and 25 October 1979 to 9 December 1980 * Germany from 15 May 1982 to 17 Mary 1984 * Korea from 20 August 1985 to 14 August 1988 * Germany from 15 October 1989 to 18 February 1992 c. On 11 March 1991, his commander initiated a Bar to Reenlistment Certificate. His recommendation was based on the applicant demonstrating no potential for future service due to a lack of leadership abilities. His marginal performance resulted in slow a. grade progression. The applicant failed to display the qualities needed to be successful in today’s Army. The approving authority approved the bar to reenlistment on 15 July 1991. d. On 25 November 1991, the applicant was counseled on a Department of the Army (DA) Bar to Reenlistment and being selected for the Qualitative Management Program (QMP). The DA Bar to Reenlistment included a mandatory initiation of separation action. He was notified the effective date of the bar to reenlist was 18 November 1991. e. On 25 November 1991, the applicant acknowledged receipt of the Notification of DA Bar to Reenlistment under the QMP from the Enlisted Qualitative Early Separation Program. The applicant requested that he be discharged on 22 February 1992. His commander elected not to submit a separate appeal on behalf of the Soldier. f. The applicant’s records contain an additional acknowledgment in which he handwrote the comment he would not submit an appeal. He understood he would be separated within 90 days of the date of this option statement under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-8 (Reduction in Authorized Strength). g. On 18 February 1992, by memorandum, subject: Separation Pay (Pertaining to Applicant) states the applicant was entitled to half separation pay based on QMP. h. Also on 18 February 1992, the applicant completed a personnel action in which he agreed to serve in the U.S. Army Reserve for a period of not less than 3 years beginning on the date of his discharge. It was a condition to receiving separation pay. i. The applicant was honorably discharged from active duty on 18 February 1992. His DD Form 214, as amended by his DD Forms 215 (Correction to DD Form 214) shows he completed 15 years, 3 months, and 22 days of active service. It also shows in: * item 25 (Separation Authority), AR 635-200, paragraph 16-8 * item 26 (Separation Code), JCC * item 27 (Reentry Code), 4 * item 28 (Narrative Reason for Separation), Reduction in Strength – Qualitative Early Transition Program 4. By regulation, Soldiers may be discharged or released from active duty, as appropriate, prior to the expiration of their terms of service or periods for which ordered to active duty when budgetary or authorization limitation requires a reduction in enlisted strength. 1. 5. The total Army Personnel Command (PERSCOM) (now called U.S. Army Human Resources Command) Message Number 93-164, dated 20 April 1993, announced the criteria for the fiscal year 1993 early retirement program (the first year the program was offered). The program targeted specific occupational groups, grades, and years of service. The early retirement program was strictly a management tool and never intended as an entitlement program for everyone with 15 to 20 years of service. It stated that individuals who had already separated under provisions of any other voluntary or involuntary separation program were not eligible for early retirement. That message also stated that soldiers with a DA Bar to Reenlistment or who are selected for separation under provisions of the QMP who have less than 18 years active federal service are ineligible to apply for early retirement. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. Based upon regulatory guidance stating soldiers with a DA Bar to Reenlistment or who are selected for separation under provisions of the QMP who have less than 18 years active federal service are ineligible to apply for early retirement, the Board concluded there was no error or injustice which warranted correction. For that reason, the Board recommended denying the applicant’s request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 5/1/2019 X CHAIRPERSON Signed by 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set forth the policies for administrative separation of Soldiers. Paragraph 16-8 (Reduction in authorized strength) states Soldiers may be discharged or released from active duty, as appropriate, prior to the expiration of their terms of service or periods for which ordered to active duty when specifically authorized as set forth below: a. When budgetary or authorization limitation requires a reduction in enlisted strength, the Secretary of the Army, or his designee, will authorize such reduction. The Secretary of the Army will accomplish this by directing the commanding general to issue separation instructions pertaining to an individual or to all Soldiers of a specified class of personnel. b. Personnel to be separated per this paragraph will be notified through channels by commanders. Notification is based on information and instructions. These commanders are responsible for the timely separation of Soldiers notified of involuntary separation. c. Personnel designated for separation per this paragraph will be discharged or released from active duty, as appropriate, not later than 3 months after receipt of notification. A date will be set for separation within this period which will work the least hardship on the Soldier. If the Soldier becomes a disciplinary problem following his or her receipt of notification of separation, the commander may order his or her immediate separation. d. Soldiers who are within 2 years of qualifying for retirement on the scheduled separation date will not be processed per this paragraph unless such action is directed by the Secretary of the Army. e. The service of Soldiers separated per this paragraph will be honorable unless an entry level separation is required. 3. PERSCOM message number 93-164, dated 20 April 1993, announced the criteria for the fiscal year 1993 early retirement program (the first year the program was offered). The program targeted specific occupational groups, grades, and years of service. The early retirement program was strictly a management tool and never 1. intended as an entitlement program for everyone with 15 to 20 years of service. It stated that individuals who had already separated under provisions of any other voluntary or involuntary separation program were not eligible for early retirement. That message also stated that soldiers with a DA Bar to Reenlistment or who are selected for separation under provisions of the QMP who have less than 18 years active federal service are ineligible to apply for early retirement.