MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            13 February 2001
	DOCKET NUMBER:   AR2000048608

	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. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Harry B. Oberg		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 he receive separation pay in long term payments.  

APPLICANT STATES:  In effect, that it was an injustice for him not to receive separation pay over the long term as he requested at the time of his discharge.  The applicant claims that he requested reenlistment but the paperwork never went through and three days prior to his expiration of term of service (ETS) he was told he had to separate and he was not entitled to separation pay.  Finally, on the day of his separation he was advised that he had to sign a waiver of his separation physical examination in order to receive separation pay.  He claims that after showing the Army respect and serving for 12 years, at the time of his separation he was shown no respect. 

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

He served on active duty in the Regular Army for 11 years, 10 months, and 
15 days, between 23 September 1980 and 7 August 1992, when he was honorably discharged.  On the date of his discharge, the applicant held the rank and pay grade of sergeant/E-5 and was serving at Fort Campbell, Kentucky.

The Department of Defense (DD) Form 214 on file confirms that the applicant was authorized to receive full separation pay in the amount of $21,052.00, which he was paid on 7 August 1992. 

The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of Orders Number 213-219, dated 31 July 1992, issued by Headquarters, 
101st Airborne Division, Fort Campbell, Kentucky.  This order authorized the applicant’s entitlement to full separation pay.  There are no documents on file in the MPRJ that indicate the applicant ever voluntarily applied for separation under any other authorized voluntary transition program.   

Department of the Army (DA) message 202100Z, December 1991 announced the Voluntary Separation Incentive Program (VSIP) to support Army drawdown. This message identified four categories of Regular Army soldiers who could request separation under the VSIP.  This was a voluntary program, which required an eligible member in one of the four authorized categories to apply for voluntary separation and to be approved for separation by Department of the Army (DA).  

Two monetary benefit options were available under the VSIP, the first a Special Separation Benefit (SSB), which provided that members receive a lump sum payment at separation and carried with it no further service obligation.  The second was the Voluntary Separation Incentive (VSI), which was paid in annual installments commencing on a member’s departure date from active duty, and on each anniversary date thereafter for twice the number of years on active duty, provided the soldier continued to serve in the Ready Reserve.  

DA Circular 635-92-1 (Separation Pay), in effect at the time, outlined eligibility criteria and defined categories of members eligible for full and half separation pay; in addition, to those not eligible for separation pay based on their specific status and type of separation.  Paragraph 2-2 codified categories of members eligible for full separation pay, this included members who were denied reenlistment or separated under the excellence in recruiting program or members who were fully qualified for retention but were denied reenlistment, which includes members who were ineligible for reenlistment due to the RCP for their grade.  Separation pay is authorized to be paid in a lump sum payment at the time a member is separated.  There is no long term annual payment option authorized for separation pay. 

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.  The Board noted the applicant’s contention, however, finds no evidentiary support for his claim.  After a careful examination of the evidence of record, the Board concludes that he properly received full separation pay at the time of discharge in accordance with the applicable law and regulation. 

2.  In order to receive annual VSI payments, the applicant would have had to voluntarily request separation with this option and have his request approved by DA.  Further, he would have been required to enlist in the Ready Reserve and to remain in that status for the entire time he received annual VSI payments.  

3.  There is no evidence of record or independent evidence submitted by the applicant to show that he ever voluntarily requested separation under any authorized VSIP.  

4.  By his own admission, the applicant’s separation was the result of his being denied a reenlistment he had requested.  Thus, the Board concludes he received the appropriate separation pay option, as authorized by law, for members involuntarily separated as a result of being denied reenlistment. 

5.  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 this requirement.

6.  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

___hbo__  __slp____  ____jh __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000048608	
SUFFIX		
RECON		
DATE BOARDED	2001/02/13	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1992/08/07	
DISCHARGE AUTHORITY	AR 635-200 C4	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  291	128.0800	
2.		
3.		
4.		
5.		
6.