MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            16 December 1999                  
	DOCKET NUMBER:    AR199

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Mr. Raymond V. O'Connor, Jr.		Member	
	Mr. Stanley Kelley		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 records be corrected to show that he reenlisted in June 1995, that his discharge in October 1996 be voided, and that his Voluntary Separation Incentive (VSI) payments be reinstated.

APPLICANT STATES:  That he was reenlisted by a lieutenant colonel at the American Embassy in Korea in June 1995.  When his VSI payments stopped he discovered that there was no record of his reenlistment.  His copy was destroyed in the flood in Korea in August 1998.

In support of his application he submits an unsigned memorandum from the officer he claims to have reenlisted him.  That officer stated that she does not remember the date she administered the oath to the applicant.

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

He enlisted in the Regular Army on 24 September 1981 with prior service in the USAR.  He served as an infantryman and was promoted to pay grade E-4.  

He was honorably released from active duty on 3 August 1992, at his own request, under the enlisted voluntary transition program with VSI payments.  On 4 August 1992 he reenlisted in the USAR for 3 years.

The National Defense Authorization Act for FY92 established two monetary incentive programs to assist in maximizing voluntary separations during the drawdown period of military forces.  The two monetary incentives included the SSB, a lump sum payment equal to 15 percent of the soldier’s annual basic pay multiplied by his years of active service, and the VSI, an annual annuity payment equal to 2.5 percent of the soldier’s annual basic pay multiplied by his years of service and paid for twice the number of years served.  Soldiers electing to receive the VSI were informed that they must maintain membership in the USAR to continue to receive VSI payments.

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

1.  The applicant has not shown to the satisfaction of the Board that he did in fact reenlist in 1995.  

2.  The statement from the officer who he claims administered the oath of reenlistment to him is unsigned.  In addition, the applicant states that he discovered his reenlistment contract was not posted in his official military personnel file in early 1997 when his VSI payment terminated.  Reasonably he would have sent the Army Reserve Personnel Command (AR-PERSCOM) a copy of the reenlistment at that time.  He states to the Board that he could not send a copy of the reenlistment to the AR-PERSCOM since his copy was destroyed in the Korean flood of August 1998, well over a year after he admittedly discovered his problem.

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

_fkm____  _rvo ____  __sk______  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024489	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991216	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	112.00	
2.		
3.		
4.		
5.		
6.