MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:           

	BOARD DATE:            24 February 1999
	DOCKET NUMBER:   AR1999019533

	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	
	Ms. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Barbara J. Ellis		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:  In effect, correction of his military records to show that he was separated under the Voluntary Separation Incentive Program (VSIP) and elected the Special Separation Benefit (SSB) option.  

APPLICANT STATES:  In effect, that he was not given the opportunity to apply for the SSB option prior to his expiration of term of service (ETS).  In support of his application, he submits a copy of the Department of Defense Pamphlet, Part Four (40101-40603), pages 334-335.       

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

The applicant enlisted on 25 June 1981 and remained on active duty through continuous reenlistments.  His scheduled ETS after his last reenlistment was
3 October 1991.  He was promoted to the pay grade of E-6 on 1 May 1989 in the military occupational specialty of 91B.

On 3 October 1991 the applicant was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 4, due to ETS and transferred to the USAR Control Group.  He had served 10 years, 4 months, and 9 days of total active service.

On 20 December 1991 the Deputy Chief of Staff for Personnel (DCSPER) released message number 202100 December 1991, which announced the VSIP to support the Army drawdown.  It stated, in pertinent part, that the incentive program was effective 1 January 1992 and was not to be made retroactive to soldiers who separated prior to that date or for reasons other than approval of their request for voluntary separation under the VSI/SSB Program. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In accordance with regulations then in effect, the applicant was properly discharged on 3 October 1991 under the provisions of Army Regulation 635-200, chapter 4, due to ETS.

2.  The VSIP was not effective until 1 January 1992 and was not to be made retroactive to personnel who had already separated.  Therefore, the applicant was not eligible for separation under the VSIP or election of the SSB option. 

3.  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

__cmf___  ___mdm_  ___be___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999019533	
SUFFIX		
RECON	 	
DATE BOARDED	1999/02/24	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  136.000		
2.		
3.		
4.		
5.		
6.