MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  17 June 1999
	DOCKET NUMBER:  AR1999024148

	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. Loren G. Harrell		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Ernest W. Lutz		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:  In effect, amend her separation orders and correct her military records to show that she was separated in accordance with the US Army Reserve (USAR) Voluntary Separation Incentive (VSI) program with "election of category 2 separation pay".  Correct her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that she is entitled to full separation pay. 

APPLICANT STATES:  In effect, that she believes that the Army owes her a substantial amount of money.  In July 1994, she applied for the VSI program.  The narrative reason for separation on her DD Form 214 states "Voluntary Early Release in the Best Interest of the Government," as she requested.  However, the separation pay code designator is omitted from her DD Form 214.  The US Army Reserve Personnel Center (ARPERCEN) informed her that she was not eligible for the program or entitled to the pay.  However, prior to separation, the US Total Army Personnel Command (PERSCOM) informed her that she was eligible to apply for the program.  When she realized that she would not receive separation pay it was too late for her to reenlist, therefore she feels that she was forced out of the military.  The applicant submitted in support of her application a letter written to the Board in her own behalf; a copy of a letter that she wrote to her Congressman; a response to her Congressman (written by ARPERCEN); two DA Forms 4187 (Personnel Actions); and a memorandum written by her commander outlining the VSI submission process.  She also submitted orders #D-10-800151 dated 13 October 1994, orders #D-10-800151A01, dated 
24 October 1994 and a copy of her DD Form 214. 

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

The Board had access to a very limited number of records.  The applicant's 
DD Form 214 shows that she entered a period of active duty as a member of a Active Guard Reserve (AGR) program on 6 July 1986, and she served in military occupational specialty (MOS) 75B until she was voluntarily separated from the AGR with an honorable discharge on 29 January 1995. 

The VSI program was an incentive program used to minimize involuntary separation and to shape the AGR program during the Congressionally mandated drawdown periods.  The VSI program provided separation incentives to specified categories of soldiers who were on active duty and fully qualified for retention, but may have faced an involuntary separation as a result of being in an overstrength grade or MOS.

Evidence of record indicates that the applicant completed her initial DA Form 
4187 requesting separation under the VSI program on 12 July 1994 with a request to be released from active duty (REFRAD) on 30 December 1994.  On 11 August 1994, the applicant was notified that her VSI program packet had been misplaced.  On 11 August 1994, she resubmitted the packet to PERSCOM by fax machine, followed by a hard copy dated 31 August 1994.  In this application, she requested to be separated at her end of term of service (ETS), which was 29 January 1995.  

The AGR VSI program for fiscal year (FY) 1994 window opened on 14 March 1994 and closed on 15 April 1994.  Individual letters of notification were sent to USAR soldiers identified to meet the application criteria. 

A soldier was required to have completed at least 14 years of service, but less than 20 years of service by the required REFRAD date of 30 September 1994).

Only enlisted soldiers with the following ranks and primary military occupational skills (PMOS) were eligible to apply:  Sergeant Majors (SGM's) with MOS's - 92Z, 75Z, 71L, 00E and Master Sergeants (MSG's) with MOS's 71L, 63Z, 54B, 31Z, 19Z, 12Z, and 11B.  Application for VSI did not guarantee approval.

AGR soldiers on active duty below the ranks of master sergeant were ineligible to apply for the VSI.  

The Full Time Support Management Directorate (FTSMD), ARPERCEN, had the authority to close the eligibility window as early as the targeted numbers were reached.  The applications were considered and approved in the order received.

AGR soldiers determined to be eligible for participation in the VSI program could not remain in an AGR status past 30 September 1994.  

A letter dated 12 May 1997, forwarded to Congressman Specter from the FTSMD, stated that active duty soldiers released at their ETS or an early release from the AGR program do not entitle a soldier to separation pay.

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 the aforementioned requirement.

2.  The applicant was an AGR sergeant, pay grade E-5, and her MOS was 75B. She was excluded from applying for the VSI program due to her rank and MOS.  Not only was she ineligible to apply, but she initially applied for the VSI program on 12 July 1994 well after the window closed on 15 April 1994.
3.  Had the applicant been eligible to apply and the request was approved, she would have been separated not later than 30 September 1994.  However, she was separated on her normal ETS date of 29 January 1995.

4.  In the absence of any proof from the applicant that she was eligible for any other VSI program, there is no basis established for the change of her military records nor entitlement to any separation pay.

5.  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

JLP_____  TAP______  EWL___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024148	
SUFFIX		
RECON		
DATE BOARDED	199990717	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19950129	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	Voluntary Early Release in the best interest of the government 	
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.