RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  25 March 2004
	DOCKET NUMBER:  AR2003091732

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Thomas E. O’Shaughnessy		Member	
	Mr. Lester Echols		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that the Army Reserve Personnel Command          (AR-PERSCOM) be granted the authority to process his request for an antedated reenlistment in accordance with Army Regulation 140-111 based on the data contained in the "Reserve Database Management System (RDMS)."

2.  The applicant states that he reenlisted on 16 April 1995 for a period of 6 years and that the reenlistment branch must verify his eligibility from his Official Military Personnel File (OMPF).  His last reenlistment contract dated 16 April 1995 has been lost and AR-PERSCOM was unable to accurately establish his expiration of term of service (ETS).   

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), DD Form 215 (Correction to DD Form 214), and enlistment contract, dated 16 April 1992.

CONSIDERATION OF EVIDENCE: 

1.  The applicant’s military records show he reenlisted on 1 February 1985, with  3 years, 11 months, and 7 days prior active duty.  He continued to serve until he was honorably discharged on 15 April 1992, under the provision of Army Regulation 635-200, paragraph  16-8, Enlisted Voluntary Transition Program - Special Separation Benefit (SSB).  He had a total of 11 years, 1 months, and    22 days of creditable service.  Item   18 (Remarks) of his DD Form 214 states he received an SSB payment in the amount of $24,255.89.  He was transferred to a troop program unit (TPU).  The applicant’s DD Form 215 indicates that he was released under the Voluntary Separations Incentive (VSI) Program and was entitled to receive VSI in the amount of $4,043.86 for a period of 22 years.  

2.  He enlisted in the Army Reserve on 16 April 1992, for a period of 3 years with an established ETS of 15 April 1995. 

3.  Information provided on the applicant's reenlistment history from                      AR-PERSCOM, Retention Branch, indicated that he was discharged on 18 April 1995.  The Soldier Management System (SMS) indicated that the applicant called AR-PERSCOM in April 1999 to inquire about his VSI payment, which he did not receive, and indicated that he forwarded his request for an antedated reenlistment.  The SMS also indicated that he completed his physical examination in April 1999 and was sent an antedated reenlistment contract in January 2000.  However, there are no SMS notes to indicate that the contract was ever received.  It was recommended that approval be granted to execute an 8-year antedated reenlistment.

4.  Neither AR-PERSCOM nor the applicant has a copy of the antedated contract.  In February 2000, the 1995 discharge orders were revoked indicating likelihood that the applicant completed and returned the antedated reenlistment.  The RDMS was updated with a new ETS of 15 April 2001 indicating that 6-year antedated reenlistment might have occurred.  On 17 April 2001 the applicant was discharged.

5.  The applicant was provided a copy of the favorable opinion for possible comment prior to consideration of this case.  The applicant responded and concurred on 17 March 2004.

6.  Information provided by the Defense Finance and Accounting Service (DFAS) revealed that his last VSI payment was received in April 2001, in the amount of $4,043.86 and that he was authorized to receive payments each year until 15 April 2014.

7.  The National Defense Authorization Act of Fiscal Year 1992, to assist in maximizing voluntary separation during the drawdown period of military forces, established a separation incentive called the VSI.  The VSI pays an annual annuity payment equal to 2.5 percent of the soldier’s annual basic pay at separation from the active Army multiplied by the soldier's number of years of service and paid for twice the number of years the soldier had served at the time of separation.  Soldiers approved for VSI must be appointed, enlisted, or transferred to the Ready Reserve for the entire period that they receive VSI annual payments.  A VSI recipient must remain eligible for retention or reenlistment in the Ready Reserve by maintaining Army weight standards, completing a military physical examination every five years, keeping their residence address and phone number updated, and responding to all official written and telephonic correspondence.  Enlisted VSI recipients must reenlist at the end of each term of service.

8.  If the VSI recipient fails to remain eligible or reenlist, the soldier will be separated from the Reserve and the VSI annual payments will be discontinued.  If a VSI recipient becomes ineligible to continue to serve in the Ready Reserve, through no fault of his or her own, the soldier will be transferred to the Retired Reserve and continue to receive annual VSI payments for the remaining period authorized for VSI.  At age 60, the VSI recipients will automatically be transferred to the Retired Reserve and continue to receive annual VSI payments for the remaining period authorized for VSI.

9.  Army Regulation 140-111 (U. S. Army Reserve Reenlistment Program), paragraph 5-15, authorizes antedating reenlistment agreements to avoid a break in service when reenlistment has been delayed through administrative error or through no fault of the soldier.  The soldier must meet Army weight standards and have a current (within five years) qualifying military physical to be reenlisted.
It also states, in pertinent part, that most data pertaining to a soldier's eligibility are a matter of record and can be verified from the OMPF.

10.  Table 2-4 states that applicants between the age of 18 through 54 and currently serving under an enlistment, reenlistment, or extension, and have no remaining statutory service obligation, may reenlist within 3 months of their ETS for 3, 4, 5, or 6 years.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated from active duty on 15 April 1992, under the VSI program and was to receive $4,043.86 a year for 22 years.  A condition of receiving the VSI payments was to remain in the Ready Reserve.

2.  The applicant reenlisted on 16 April 1992 for a period of 3 years with an established ETS of 15 April 1995.  However, he continued to serve past his ETS and was honorably discharged on 18 April 1995.

3.  The applicant notified AR-PERSCOM to inquire about his VSI payment, which he did not receive, and forwarded his request for an antedated reenlistment.  He completed his physical in April 1999.  It is apparent that an antedated reenlistment was later prepared in January 2000 but that there were no SMS notes to indicated that the contract was received.  Therefore, it is likely that the applicant completed and returned the antedated reenlistment, which could not be located.  The RDMS indicated that the applicant had a new ETS of 15 April 2001 indicating that a 6-year reenlistment likely occurred.  Documents were received and apparently lost or misplaced and the applicant was later discharged on 17 April 2001.  

4.  The regulation in effect only authorized a 6-year enlistment.  The applicant is authorized to request and execute another antedated reenlistment period to carry him beyond 2003 without approval of this Board.  The applicant is authorized to receive VSI payments each year until 15 April 2014 if he qualifies and continues to reenlist.  

5.  Based on the available evidence it would be in the interest of justice and as an exception to policy, to grant the applicant an 8-year antedated reenlistment, from 16 April 1995 to 15 April 2003, as recommended by AR-PERSCOM's Retention NCO, which exceeds the authority granted by regulation.  This action would show that there was no break in service.  He should be provided his VSI payments for 2002 and 2003 and reinstated for annual VSI payments if he remains qualified.

BOARD VOTE:

__ls____  ___to___  ___le____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION 

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:  

	a.  reenlisting him for an eight-year term of service in the Reserve, antedated effective 16 April 1995; 

	b.  revoking his 17 April 2001 order for discharge from the Reserve;

	c.  providing him VSI payments for 2002 and 2003; and

d.  by restoring his entitlement to annual VSI payments. 

		___Luther L. Santiful___
		        CHAIRPERSON

INDEX

CASE ID	AR2003091732	
SUFFIX		
RECON		
DATE BOARDED	20040325	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20010417	
DISCHARGE AUTHORITY	AR 135-178	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	332	
2.		
3.		
4.		
5.		
6.