MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 April 2002                   
	DOCKET NUMBER:   AR2002066484

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. John T. Meixell		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 Voluntary Separation Incentive (VSI) payments be reinstated and he receive retroactive payments.

APPLICANT STATES:  That he enlisted in the New Hampshire Army National Guard in July 2001.  Supporting evidence is as listed on the DD Form 149. 

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

He enlisted in the Regular Army on 15 September 1975.  He completed basic training and advanced individual training and was awarded military occupational specialty 94B (Food Service Specialist).  He was promoted to Sergeant, E-5 on   1 November 1982.  

On 10 January 1992, the applicant requested early separation and elected to receive the VSI.  His request was approved and on 30 August 1992 he was discharged under the Voluntary Early Transition Program (VSI) after completing 16 years, 11 months, and 16 days of creditable active service.  On 31 August 1992, he enlisted in the U. S. Army Reserve for 3 years.  Apparently, he reenlisted on an unknown date.  He was discharged from the U. S. Army Reserve on 21 March 2000.  He enlisted in the Army National Guard on 20 July 2001.  

The National Defense Authorization Act for Fiscal Year 1992 established voluntary incentive programs to support the Army drawdown.  Under the Special Separation Benefit (SSB), an eligible member of the armed forces would receive a lump sum payment equal to 15 percent of the soldier’s annual basic pay multiplied by his years of active service.  Soldiers who applied for this incentive were required to enter into a written agreement to serve in the Ready Reserve for a period of not less than 3 years, in addition to any remaining military service obligation based in statute, following the separation from active duty.  The VSI was 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 approved for VSI must have been appointed, enlisted, or transferred to the Ready Reserve for the entire period they received VSI annual payments.  VSI annual payments would be discontinued if the solder separated from the Ready Reserve unless he died, in which event the VSI payments would continue to be paid to his designated beneficiaries for the remaining period authorized or if he became ineligible to continue to serve in the Ready Reserve due to medical or age limitations, in which case the soldier would be transferred to the Standby Reserve or the Retired Reserve and he would continue to receive annual VSI payments for the remaining period authorized.

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 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.

2.  The eligibility requirements for receipt of the SSB and VSI were comprehensively briefed to soldiers at the time they were established.  The applicant was aware that he had to be in the Ready Reserve for the entire period he received VSI annual payments.  The applicant provides no explanation as to how or why he was discharged from the U. S. Army Reserve and the Board presumes it was based upon his expiration term of service.  If that was the case, he should have been aware that his term of service was expiring and he needed to reenlist in order to continue receiving VSI payments.  Aside from the two exceptions noted, there is no provision for reinstating the VSI annual payments once a soldier has separated from the Ready Reserve.  

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

__inw___  __mmd___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2002066484	
SUFFIX		
RECON		
DATE BOARDED	20020416	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.22	
2.	135.03	
3.		
4.		
5.		
6.