IN THE CASE OF: BOARD DATE: 9 December 2020 DOCKET NUMBER: AR20200003947 APPLICANT REQUESTS: Correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was given an 18-year length of service retirement instead of the Early Release Program – Special Separation Benefit (SSB) Discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record). 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 (ABCMR) 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 she believes the record to be in error or unjust because her separation from the U.S. Army was under the SSB program where she received a bonus payment; however, she had to repay all of the bonus payment once she was awarded Veterans Affairs (VA) compensation effective 13 July 2013 before she could receive any compensation from VA. She volunteered for early release based upon the bonus payment only but since she had to repay the bonus payment, she did not receive anything for giving up her military career, nor was she informed that if she received VA compensation that she would have to repay the bonus payment; therefore, she is requesting her military records be changed to an 18-Year retirement instead of discharge for the SSB Program. 3. A review of the applicant's official records shows the following: a. On 15 March 1976, the applicant enlisted in the Regular Army. b. On 6 February 1995, by memorandum from the U.S. Total Army Personnel Command (now the U.S. Army Human Resources Command (HRC)) the applicant's request for voluntary separation through the Fiscal Year (FY) 1995 enlisted voluntary early release program with SSB was approved. c. On 9 March 1995, the applicant was honorably discharged from active duty by reason of early release program-SSB. She completed 18 years, 11 months, and 24 days of net active service. Item 18 (Remarks) shows SSB payment of $65,858.41. 4. On 28 October 2020, the Office of the Deputy Chief of Staff, G-1 reviewed the applicant's records and rendered an advisory opinion in her case. After a thorough review, the Chief, Enlisted Career Systems Division opined that: a. On 6 February 1995, the applicant's request for voluntary separation through the FY95 Enlisted Voluntary Early Release Program with SSB was approved by U.S. Total Army Personnel Command. As a result, she was administratively separated on 9 March 1995 pursuant to Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 16-8 with an honorable characterization of service. Her DD Form 214 indicates she received an SSB payment of $65,858.41. At the time of separation, she had 18 years, 11 months, and 24 days of Active Federal Service. b. The applicant believes her record is in error and unjust because she voluntarily requested separation under the FY95 Enlisted Voluntary Early Release Program with SSB but had to repay the benefit received once awarded VA compensation in July 2013. She is therefore requesting her military records be changed to reflect retirement for length of service. c. On 3 January 1992, the Department of Defense issued policy guidance for the Voluntary Separation Incentive (VSI) and SSB programs authorized in the Defense Authorization Act for FY's 1992/1993, Public Law 102-190 (enclosure 2). Paragraph 7 issued policy guidance to the Services on recoupment stating, in part, Service members who received SSB and who subsequently qualified for retired or retainer pay under Title 10 or 14 of the USC or who subsequently became eligible for disability compensation as administered by the VA, would repay an amount equal to SSB as provided for in Department of Defense Instruction (DODI) 1332.29 (Eligibility of Regular and Reserve Personnel for Separation Pay Superseded by Involuntary Separation Pay (Non- Disability)). d. Based on the above, the Deputy Chief of Staff, G-1 recommends denial of the applicant's appeal. 5. The applicant was provided with a copy of this advisory opinion to give her an opportunity to respond and/or submit a rebuttal. She did not respond. 6. See applicable references below. ? BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents, evidence in the records and the Office of the Deputy Chief of Staff, G-1 advisory opinion. The Board considered the applicants statement, her record of service, regulatory guidance and public law. The Board considered the military records and the review and conclusion of the advising official. The Board concurred with the advisory opinion to deny the applicant’s request based on governing regulations and public law and the Board does not have the authority to make exceptions to public law. Therefore, the Board denied relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING 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. 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 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 635-200 (Personnel Separations – Enlisted Personnel) in effect at the time a. Chapter 12 -4 states a Soldier of the Regular Army, who has completed 20, but less than 30 years of active Federal service (AFS) in the US Armed Forces may, at the discretion of the Secretary of the Army, be retired at his or her request. The Soldier must have completed all required service obligations at the time of retirement. There is no provision for an 18-year length of service retirement. b. Chapter 16-8 states Soldiers may be separated prior to expiration of enlistment or fulfillment of active duty obligation when specifically authorized as set forth below: c. When authorization limitations, strength restrictions, or budgetary constraints require the Regular Army (RA) or Reserve Component (RC) active duty enlisted force to be reduced in number, the Secretary of the Army, or his designee, may authorize voluntary or involuntary early separation. d. Commander, U.S. Army Personnel Command (HRC) (for RA) will implement the Secretarial decision by issuing separation instructions pertaining to a specific class or category of Soldiers. e. Soldiers separated under this paragraph will be discharged or released from active duty, as appropriate. f. Soldiers who are within 2 years of qualifying for retirement per chapter 12 on the scheduled separation date will not be processed under this paragraph unless directed by the Secretary of the Army. 3. DODI 1332.29 (Eligibility of Regular and Reserve Personnel for Separation Pay) in effect at the time section 3.6.2 states Service members who receive separation pay under this Instruction, or severance pay or readjustment pay under any law based on active military service, and become eligible for disability compensation administered by the VA shall have deducted from such disability compensation an amount equal to the total amount of separation pay, severance pay, or readjustment pay received. 4. The National Defense Authorization Act of Fiscal Year 1992 established two monetary incentive programs to assist in maximizing voluntary separation during the drawdown period of military forces. One incentive was called the SSB which paid a lump sum equal to 15 percent of the Soldier’s annual basic pay. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003947 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1