MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            19 January 2000                  
	DOCKET NUMBER:   AR1999027916

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		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, that her transfer from the USAR Control Group (Reinforcement) to the Retired Reserve be voided.

APPLICANT STATES:  That she kept the Army apprised of her address at all times.  When she was only given 3 weeks to get a physical examination, she was told that there wasn’t an appointment available at the hospital unit in the required time.  Because of her inability to obtain a physical at a military facility, she submitted a civilian physical examination which she was told was not acceptable.  She was having family problems at that time and would now be happy to undergo a military physical examination.

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

She was commissioned as a second lieutenant on 23 August 1985 with 1 year, 
8 months and 8 days of prior enlisted service.  She served on active duty as a transportation management officer and was promoted to captain.  On 30 April 1994 she was honorably released from active duty with a Voluntary Separation Incentive (VSI) of $9,961.26 a year for 20 years.

On 15 July 1997 orders were issued for the applicant to report at a USAR hospital unit to receive a periodic physical examination not later than 13 September 1997.

On 7 August 1997 the applicant sent a letter to the Army Reserve Personnel Command (AR-PERSCOM) informing them that she contacted the hospital unit and physicals were not being given there until March 1998.  She enclosed a civilian physical examination and asked that it be accepted as her required periodic physical examination.

On 18 August 1997 the AR-PERSCOM informed the applicant that the civilian physician was not acceptable and provided her with an amendment to her physical examination orders now directing her to report to a local Military Entrance Processing Station (MEPS) for her physical not later than 30 November 1997.

On 29 May 1998 orders were issued transferring her from the USAR Control Group (Reinforcement) to the Retired Reserve.

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 Special Separation Benefit (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 or her years of service and paid for twice the number of years served.  To retain eligibility for VSI a recipient must remain a member of the Ready Reserve (USAR unit, USAR Control Group Reinforcement, or Individual Mobilization Augmentee).  Termination of Ready Reserve status terminates entitlement to the VSI.

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.  Soldiers who elect VSI are fully briefed that they must remain assigned to the Ready Reserve to receive VSI payments, and any career soldier knows that they must have a current physical examination to remain in the military.  As such, the applicant should not have been surprised when she was reassigned from the USAR Control Group (Reinforcement) to the Retired Reserve, and she should not have been surprised when her VSI was terminated.

2.  The Board may have been sympathetic if the applicant was transferred from the USAR Control Group (Reinforcement) in close proximity to her original, or even the amended, not to exceed dates for obtaining a physical examination.  But this is not the case.  She was transferred to the Retired Reserve over 8 months after her original not to exceed date and 6 months after her amended not to exceed date.  This is indicative of the AR-PERSCOM giving the applicant every opportunity to obtain a proper military physical examination.

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

_rvo ____  _clg_____  _jpi _____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Board Agency

INDEX

CASE ID	AR1999027916	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000119	
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.	135.01	
2.	128.05	
3.		
4.		
5.		
6.