PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           16 July 2002                  
	DOCKET NUMBER:   AR2002068119

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his records be corrected to show that his discharge from Army Reserve was revoked and that he was reinstated into the Retired Reserve.

3.  The applicant states, in effect, that he is requesting to be reinstated into the Retired Reserve so that he may continue to receive his annual VSI (Voluntary Separation Incentive) payments.  He indicates he was passed over for promotion a second time and was honorably discharged from his Reserve status.  He indicates he was not aware he was being discharged because he was in the middle of a divorce and he never received the alleged letter of notification of the two-time passover.  He indicates he needs his reserve affiliation back so that he can get his VSI payments.  He would have chosen to be transferred to the Retired Reserve, had he received his two-time passover letter.  In the future he will promptly notify the proper authorities of any change in his address. 

4.  The applicant’s military records show that he entered on active duty in the Air Force Reserve on 30 July 1985. He served as a captain and was honorably separated on 31 December 1992.  At this time, he was awarded a 20 percent service-connected disability rating and VSI in the amount of $6,334.89 for         15 years and 4 months.

5.  During the period 1 January 1993 to 28 April 1998, he was assigned to the Individual Ready Reserve, Air Force Reserve, Denver, Colorado.

6.  During the period 29 April 1998 to 31 May 1999, he was a member of the Indiana Army National Guard (ARNG).  Based on his resignation from the ARNG, he was reassigned to the Army Reserve Control Group (Reinforcement) effective 1 June 1999.

7.  On 1 February 2001, he was honorably discharged from the Army Reserve Control Group (Reinforcement).  

8.  Department of the Army Message (DAPE-MP) 2021002DEC91, Subject:  Voluntary Incentive Programs to support Army Draw down indicates, in pertinent part, that “VSI annual payments will be discontinued if the soldier is separated from the Ready Reserve unless one of the following conditions apply:  (a) In the event of the soldier’s death, VSI annual payments will continue to beneficiaries designated by the soldier for the remaining period authorized.  (b) In the event the soldier becomes ineligible to continue to serve in the Ready Reserve due to medical or age limitations, the soldier will be transferred to the Standby Reserve or the Retired Reserve and continue to receive annual VSI payments for the remaining period authorized.”

9.  Department of Defense Financial Management Regulation (DODFMR) 7000.14-R (Military Pay Policy and Procedures Active Duty and Reserve Pay) indicates, in pertinent part, that “If the member becomes ineligible to continue to serve in the Ready Reserve due to medical, age, failure to select for promotion, or other reasons determined to be no fault of the member concerned, the member will be transferred to the Standby Reserve or the Retired Reserve of a Reserve component.  The member will continue to receive annual VSI payments for the remaining period authorized.”

10.  Department of Defense Instruction 1215.19 indicates that eligible soldiers must request transfer to the Retired Reserve.

11.  Army Regulation 135-175 (Separation of Officers), paragraph 4-4 (16) requires that an eligible officer who does not elect to be transferred to the Retired Reserve within 30 days from the date he was advised that he is being removed from an active status will be discharged.

CONCLUSIONS:

1.  The applicant did not fulfill his responsibilities by keeping his Reserve unit advised of his whereabouts, as required; however, he did receive the notification that he was discharged and that his VSI was discontinued.  He was unable to make the proper decision and thereby lost his VSI through action by the AR-PERSCOM.

2.  Notwithstanding the requirements to discharge the soldier, the DODFMR shows that “a member will be transferred to the Standby Reserve or the Retired Reserve of a Reserve component.”

3.  The Board concluded the applicant was entitled to, and continued to be entitled to the VSI awarded to him in 1992, and that the VSI should be reinstated in his case.  While he was remiss in updating his address, he should not be penalized by losing his otherwise authorized VSI.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.	by voiding AR-PERSCOM Order Number D-09-050972, dated
13 September 2000, with an effective date of 1 February 2001, which affected the discharge of the individual concerned, without force or effect; and

	b.  by showing that he was transferred to the Retired Reserve, effective 
1 February 2001, with continuance of VSI.

BOARD VOTE:  

_FNE___  _MHM___  __DPH__ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002068119	
SUFFIX		
RECON		
DATE BOARDED	20020716	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136	
2.		
3.		
4.		
5.		
6.