MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           18 July 2002                   
	DOCKET NUMBER:   AR2002069581

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		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:  Authorization to antedate a reenlistment to 20 September 1995.

APPLICANT STATES:  That she voluntarily separated from active duty on 29 September 1992 under the Voluntary Separation Incentive (VSI) program.  At that time she agreed to remain in the Individual Ready Reserve (IRR) until her annual VSI payments ended.  In 1996, she received a phone call informing her that her enlistment had expired and she had to submit a letter requesting an antedated reenlistment.  She was told she would receive a packet containing documents necessary to obtain a physical examination and to reenlist.  She wrote the letter and mailed it immediately.  While she never received a reply to her letter, her VSI payments continued, so she assumed she had satisfied her reenlistment requirements.  When her VSI payment was not deposited in September 1999, she contacted the Army Reserve Personnel Command (AR-PERSCOM), and was again informed that she had to request an antedated reenlistment.  She received the reenlistment packet and attempted to get a physical examination at the local Military Entrance Processing Station (MEPS), but was told she required orders to get a physical examination.  She then called the AR-PERSCOM who told her they could not publish orders for her since she had no military status.  She was finally able to convince the MEPS to give her a physical examination without orders and forwarded the report of examination to the AR-PERSCOM.  The AR-PERSCOM wrote her back promptly and informed her that several tests were not included in the report of examination.  She then contacted the MEPS for the missing tests, but even after calling to ask about the status of the tests on several occasions, did not receive the tests until much later.  She forwarded the missing tests to AR-PERSCOM who then had their Surgeon review her physical examination to determine whether she was medically qualified for reenlistment.  The AR-PERSCOM Surgeon sent her a letter requesting further information on her use of Prozac and, once she complied with that request, she was determined medically qualified to reenlist.  However, by that time, more than six years had passed since the expiration of her term of service (ETS), so the AR-PERSCOM could no longer authorize an antedated reenlistment.

In support of her application she submits correspondence between her and the AR-PERSCOM dated between 8 March and 26 December 2001.

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

She enlisted in the Regular Army on 12 October 1982, was awarded the military occupational specialty of single channel radio operator and broadcast journalist, 

and was promoted to pay grade E-4.  She immediately reenlisted on 15 May 1987 and on 14 November 1990, and was honorably discharged on 29 September 1992 with VSI payments.

The VSI was just one of several programs instituted by Congress and implemented by the services to provide temporary management tools to reshape the military through FY95.  To receive the VSI soldiers had to agree to remain a member of the Ready Reserve.  They were informed of this requirement in conjunction with their application for separation with VSI.

Army Regulation 140-111, US Army Reserve Reenlistment Program, provides that the maximum period of service for which a reservist may reenlist is 6 years.

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 was aware of the requirement to reenlist to maintain military status, as evidenced by her two reenlistments while on active duty.

2.  The applicant, by her own admission, was told when she was separated from active duty that she had to remain a member of the IRR to receive VSI payments.

3.  The applicant was told in 1996 that she had been discharged and needed to request an antedated reenlistment.

4.  Despite knowing she had to remain in the IRR to retain eligibility for VSI payments, knowing that she needed to reenlist to maintain military status, and knowing that her military status had ended in 1996, she elected not to take any action to rectify the situation until 2001 (according to the documents she submitted with her application).

5.  In view of the preceding, it would appear that there was no error or injustice in the applicant’s discharge at her ETS, or in her inability to be considered for an antedated reenlistment.

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

___sk ___  ___rvo __  ____jpi __  DENY APPLICATION

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

INDEX

CASE ID	AR2002069581	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020718	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	112.05	
2.		
3.		
4.		
5.		
6.