MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           15 July 1999                   
	DOCKET NUMBER:   AR1999018051

	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. Loren G. Harrell		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. John Saputo		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 his discharge from the USAR be revoked and that he be transferred to the Individual Ready Reserve (IRR) effective the same date in order to requalify for his voluntary separation incentive (VSI) payments.

APPLICANT STATES:  That he volunteered for separation with VSI from the Air Force as a captain with 13 years total active duty in December 1992.  He remained a member of the Air Force Reserve as required by the program.  He later joined the Army National Guard (ARNG) and then the USAR as a unit member.  He continued to serve until May 1997 when he reached the end of his enlistment contract (ETS).  There was no formal outprocessing at the time and in August 1997 he received his discharge orders.  He assumed that he would be returned to the IRR.  He did not realize that this would stop his VSI payments until he contacted the Defense Finance and Accounting Service (DFAS).  In February 1998 he reenlisted in his former USAR unit but he was informed that he was no longer eligible for VSI payments since he had a break in service.  He should not be penalized for this administrative oversight and lack of familiarity with the details of the VSI program.

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

He enlisted in the Regular Army and served on active duty from February 1975 to January 1978 when he was transferred to the USAR to complete his obligated period of service.  He served in a USAR unit from June 1978 until August 1980 when he enlisted in the USAF ROTC program.  He was commissioned in the USAF in August 1984.  He continued to serve on active duty until 31 December 1992 when he was separated and transferred to the USAF Reserve in the grade of captain under the VSI program.

In June 1993 the applicant enlisted in the grade of E-5 in the ARNG.  On 27 May 1994 he enlisted in the USAR for 3 years.  By his own admission he declined to reenlist and on 4 August 1997 he was discharged from the USAR effective the same date.

In an opinion to the Board (COPY ATTACHED) from the Army Reserve Command (USARC) it was noted that the applicant voluntarily declined to reenlist on or before the time of his scheduled ETS of 26 May 1997.  The date of his discharge was in accordance with Army Regulation 135-178.  The applicant states that he did not receive his 1997 VSI payment from DFAS but there is no documentation in the available record from DFAS.  The applicant was provided a copy of the advisory opinion with an opportunity to respond but failed to do so in the time allowed.

Title 10, USC, section 1175, provided the authority and requirements for eligibility of the VSI.  It provided, in pertinent part for VSI payments for the period of time the member serves in a Reserve Component.  The law also provided for discontinued payments of VSI if the member is separated from the Ready Reserve.

Army Regulation 135-178 provides the policy for separation of Reserve Component enlisted soldiers.  It provides that when a period of military service has been satisfied the soldier will be discharged by the separation authority.  It also states that no soldier may be held in service beyond the normal expiration of his term of service unless extended by law.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, 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 the aforementioned requirement.

2.  The applicant’s claim that this was an administrative oversight and he did not fully understand the details of the VSI program is without creditability.  He had over 22 years continuous service at the time of his discharge and had executed no less than four enlistment/reenlistment documents and an oath of office on commissioning.  He had served in a Reserve Component status on four occasions and was a commissioned officer for over 8 years.  He knew, or should have known and understood the requirements of maintaining his eligibility for VSI.

3.  The law and regulations are clear on this issue and the applicant has not shown error or injustice in his discharge or termination of his VSI.  The applicant's separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

4.  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

__gdp___  __jlp___  __js____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018051	
SUFFIX		
RECON		
DATE BOARDED	19990715	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19970804	
DISCHARGE AUTHORITY	AR 135-178	
DISCHARGE REASON	A03.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	128.00	
3.		
4.		
5.		
6.