IN THE CASE OF: BOARD DATE: 27 September 2023 DOCKET NUMBER: AR20230002611 APPLICANT REQUESTS: * in effect, correction of his military records to show his promotion to staff sergeant (SSG)/E-6 * in effect, revoke his Fiscal Year 1992 (FY92) Enlisted Voluntary Early Transition Program separation, and the Special Separation Benefit (SSB) he received, and retire him under the Temporary Early Retirement Authority (TERA) program, based on completing 15 years APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Two Army Review Boards Agency (ARBA) letters FACTS: 1. The applicant states he never received the orders, but his leadership promoted him to SSG prior to his discharge. In addition, based on the enlistment contracts he signed, he should be eligible for a 15-year non-regular retirement; he thought everything was in order until he sent in his retirement packet to HRC. 2. A review of the applicant's service record reveals the following: a. On 26 August 1980, the applicant enlisted into the Regular Army for 3 years; upon completion of initial entry training, the Army awarded him military occupational specialty 52C (Utilities Equipment Repairer). On 25 August 1983, the Army honorably released him from active duty and transferred him to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete the remainder of his military service obligation. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 3 years of net active-duty service; in addition, the form indicated his military service obligation ended, on 25 August 1986. b. On 18 February 1986, the applicant reenlisted in the Regular Army for 3 years. On 2 October 1986, the applicant extended his enlistment by one month to have sufficient service for an overseas tour with dependents. c. On 28 December 1988, the applicant immediately reenlisted for 3 years. Effective 1 October 1990, the applicant's leadership promoted him to sergeant (SGT)/E-5. On 26 June 1991, the applicant immediately reenlisted for 4 years. d. At some point prior to 11 May 1992, the applicant voluntarily requested separation, under the FY92 Enlisted Voluntary Early Transition Program, with Voluntary Incentives for VSI (Voluntary Separation Incentive)/SSB; on 11 May 1992, the Department of the Army approved his request. e. On 23 June 1992, the applicant signed a DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) wherein he committed to enter the USAR Individual Ready Reserve (IRR) on 30 June 1992 for a 3-year term. As part of his enlistment, he also signed a DA Form 4688/1-E (Certificate and Acknowledgement of Service Requirement for Individuals Enlisting or Reenlisting in IRR). Under section IV (Participation), the applicant affirmed his understanding of the following: (1) "To qualify for pay purposes, I must be serving on active duty for training, or be a member of a troop program unit of the Selected Reserve, attending scheduled training assemblies in an inactive duty status." (2) "To qualify for retirement benefits at age 60, I must achieve 20 qualifying years of Federal service and be a member of the Reserve Component during the last 8 years of military service. A qualifying year of military service for retirement requires the member to accrue a minimum of 50 points in a retirement year. My years of service in the IRR will not qualify me for retired pay at age 60 unless I have accrued at least 50 points for each retirement year, and each of these years, when added to other qualifying years of federal service, amounts to a total of 20 years." f. On 29 June 1992, the Army honorably discharged the applicant, per paragraph 16-8 (Early Separation due to Reduction in Force, Strength Limitations, or Budgetary Constraints), Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel). His DD Form 214 showed he completed 6 years, 4 months, and 12 days of net active duty, with 3 years of prior active duty and 3 years, 29 days of prior inactive duty. Item 18 (Remarks) stated the Army had authorized the applicant to receive an SSB payment of $24,898.78. On 30 June 1992, the applicant entered the USAR IRR for 3 years, and he completed his term, on 11 July 1995; (the applicant's USAR separation orders are unavailable for review). g. The applicant's DA Form 5016 (Chronological Statement of Retirement Points) shows that, from 30 June 1992 through 11 July 1995, he accumulated no qualifying years for retirement purposes, earning only 45 membership points for the entire period. Additionally, the form states that, through 11 July 1995, the applicant had accrued a total of 10 years, 4 months, and 14 days of qualifying years for retirement purposes. h. On 9 February 2022, HRC responded to the applicant's 12 January 2022 request for a non-regular retirement. HRC advised the applicant that, to be eligible, Reserve Component Soldiers had to complete a minimum of 20 qualifying years of service, and, following an audit of the applicant's service record, HRC found he had only accrued 10 years, 4 months, and 14 days. HRC encouraged the applicant to reapply by submitting additional documentation substantiating the missing years of qualifying service. i. The applicant available service record is void of orders promoting him to SSG. 3. The National Defense Authorization Act (NDAA) for FY92 authorized two voluntary incentive programs to facilitate the Army's reduction in force, Post-Gulf War. All Army Activities (ALARACT) message, dated 20 December 1991, Subject: Voluntary Incentive Programs to Support Army Drawdown, announced the SSB and VSI as strength reduction separation incentives. a. The SSB was a lump sum incentive, equal to 15 percent of a Soldier's annual basic pay and multiplied by his years of service. Those Soldiers who accepted an SSB were required to enter into a written agreement to service in the Ready Reserve for not less than 3 years. In addition, Soldiers who subsequently qualified for retired pay had to have the SSB recouped by deducting a proportionate amount each month from retired pay. SSB recipients were eligible for certain benefits, to include access to the commissary and exchange. b. The VSI entailed an annual annuity payment equal to 2.5 percent of the Soldier's annual basic pay, multiplied by his years of service. It was paid for twice the number of years the Soldier had served. As with the SSB, Soldiers had to enlist into the Ready Reserve for the entire period during which they received the VSI payments. Also like the SSB, the VSI was recouped in the event the Soldier became eligible for retired pay. 4. On 23 October 1992, Congress enacted TERA as part of the National Defense Authorization Act of Fiscal Year 1993; it has since been incorporated into Title 10 (Armed Forces) under section 12731a (Temporary Special Retirement Qualification Authority. The intent of this provision was to assist in the military drawdown of forces by permitting selected military members to retire early when they had between 15 and 20 years of service. The Secretary of the Army could designate the ranks and military occupational specialties that were eligible to apply. Retirement under this program was not a right; rather, the Army approved requests on an individual basis and according to the needs of the service. This TERA program ended in September 2001. 5. AR 135-180 (Qualifying Service for Retired Pay Non-Regular Service), in effect at the time, prescribed policies and procedures for Reserve Component retirements. To be eligible, RC Soldiers had to have: * attained the age of 60 * accumulated 20 years of qualifying service * served the last 8 years of their service in the RC 6. AR 600-8-19 (Enlisted Promotions and Reduction), in effect at the time, stated Soldiers had to have 12 months of remaining service to be promoted to SSG. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records, the Board found insufficient evidence the applicant completed 20 years of service that warranted active-duty service retired pay. Furthermore, the Board agreed the applicant’s records is absent evidence that shows he was promoted to SSG/E-6 prior to his discharge. Based on regulatory guidance, promotion to SSG/E-6 are announced with official orders. The Board agreed the request for relief has no merit as the available evidence does not support the applicant was ever promoted to the rank of SSG or met the criteria for TERA. Therefore, relief was denied. 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. 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. The National Defense Authorization Act (NDAA) for FY92 authorized two voluntary incentive programs to facilitate the Army's reduction in force, Post-Gulf War. All Army Activities (ALARACT) message, dated 20 December 1991, Subject: Voluntary Incentive Programs to Support Army Drawdown, announced the SSB and VSI as strength reduction separation incentives. a. The SSB was a lump sum incentive, equal to 15 percent of a Soldier's annual basic pay and multiplied by his years of service. Those Soldiers who accepted an SSB were required to enter into a written agreement to service in the Ready Reserve for not less than 3 years. In addition, Soldiers who subsequently qualified for retired pay had to have the SSB recouped by deducting a proportionate amount each month from retired pay. SSB recipients were eligible for certain benefits, to include access to the commissary and exchange. b. The VSI entailed an annual annuity payment equal to 2.5 percent of the Soldier's annual basic pay, multiplied by his years of service. It was paid for twice the number of years the Soldier had served. As with the SSB, Soldiers had to enlist into the Ready Reserve for the entire period during which they received the VSI payments. Also like the SSB, the VSI was recouped in the event the Soldier became eligible for retired pay. 2. On 23 October 1992, Congress enacted TERA as part of the National Defense Authorization Act of Fiscal Year 1993; it has since been incorporated into Title 10 (Armed Forces) under section 12731a (Temporary Special Retirement Qualification Authority. The intent of this provision was to assist in the military drawdown of forces by permitting selected military members to retire early when they had between 15 and 20 years of service. The Secretary of the Army could designate the ranks and military specialties that were eligible to apply. Retirement under this program was not a right; rather, the Army approved requests on an individual basis and according to the needs of the service. This TERA program ended in September 2001. 3. AR 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, prescribed policies and procedures for enlisted administrative separations. Paragraph 16-8 (Reduction in Authorized Strength) states Soldiers could be discharged from active duty prior to their ETS when specifically authorized due to budgetary or authorization limitations. 4. AR 135-180 (Qualifying Service for Retired Pay Non-Regular Service), in effect at the time, prescribed policies and procedures for Reserve Component retirements. To be eligible, RC Soldiers had to have: * attained the age of 60 * accumulated 20 years of qualifying service * served the last 8 years of their service in the RC 5. AR 600-8-19 (Enlisted Promotions and Reduction), in effect at the time, stated Soldiers had to have 12 months of remaining service to be promoted to SSG. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002611 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1