IN THE CASE OF: BOARD DATE: 10 August 2010 DOCKET NUMBER: AR20100008728 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his military records to show entitlement to Voluntary Separation Incentive (VSI) and that he be reimbursed for payments not received in 2008 and 2009. 2. The applicant states he did not receive his VSI payments for the years of 2008 and 2009. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he is entitled to receive VSI payments for 28 years. 3. The applicant provides, in support of his application, copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), discharge orders, and payment voucher for VSI. CONSIDERATION OF EVIDENCE: 1. The applicant served as a member of the Active Guard Reserve (AGR) from 14 February 1983 to 19 August 1994. He was released from active duty under the provisions of Army Regulation 635-200, paragraph 16-8, for the purpose of participating in the early release program and to receive a VSI payment for a period of 28 years. 2. Orders D-06-712470, U.S. Army Human Resources Command, St. Louis, Missouri, dated 5 June 2007, discharged the applicant from the U. S. Army Reserve (USAR), effective the same day. 3. The National Defense Authorization Act for Fiscal Year 1992 established voluntary incentive programs to support the Army drawdown. These incentive programs were designed to induce members of the Armed Forces to leave the military voluntarily. Under the VSI, qualifying service members who voluntarily left active duty before their retirement vested received benefits based on their salary and years of service at the time of separation. In order to qualify, a Soldier must have served on active duty more than 6 but less than 20 years; have served at least 5 years of continuous active duty immediately preceding the date of separation; if a Reserve, be on the active duty list; and meet such other requirements as the Secretary could prescribe from time to time, which could include requirements relating to – years of service; skill or rating; grade or rank; and remaining period of obligated service. 4. 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 the Soldier was 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. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his military records should be corrected to show entitlement to VSI and that he be reimbursed for payments not received in 2008 and 2009. 2. The available evidence clearly shows the applicant was discharged from the USAR in June 2007. In the applicant's case, he was entitled to receive VSI payments for a period of 28 years, as long as he remained in the USAR. When he was discharged from the USAR, he no longer qualified and the payment was stopped. 3. The applicant has not provided any explanation for his discharge. 4. In view of the above, the applicant’s request should be denied. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ _____X_ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20100008728 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100008728 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1