BOARD DATE: 21 December 2017 DOCKET NUMBER: AR20160002133 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. BOARD DATE: 21 December 2017 DOCKET NUMBER: AR20160002133 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : :x : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :x : :x DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 21 December 2017 DOCKET NUMBER: AR20160002133 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, in effect, reinstatement of his annual Voluntary Separation Incentive (VSI) payments and his narrative reason for separation be changed. 2. The applicant states he was released from the U.S. Army under the VSI program. He has not received payment since 1997. He believes he completed the required actions to receive payment and tried many times to correct the error but was given the wrong information. 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 8 September 1977 and held military occupational specialty 91B (Medical Specialist). 3. His DD Form 214 shows he was honorably discharged on 3 August 1992 and transferred to the United States Army Reserve (USAR) Individual Ready Reserve (IRR), under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-8, early release program – VSI. a. Item 12 (Record of Service) shows he completed a total of 14 years, 10 months, and 26 days of active service and 3 months, and 1 day of prior inactive service. b. Item 18 (Remarks) shows: "VSI payment: $6,717.64 for 29 years 8 months." c. Item 28 (Narrative Reason for Separation) shows "Convenience of the Government-FY92 [Fiscal Year 1992] Early Transition Program." 4. On 4 August 1992, he contracted for a 3-year enlistment in the USAR IRR. 5. Orders Number D-05-543388, dated 23 May 1995, issued by the U.S. Army Reserve Personnel Center, show he was honorably discharged from the USAR, effective 23 May 1995. His discharge orders state that his discharge certificate and discharge orders were mailed to his last known address as of 7 June 1995. 6. There is no evidence showing he reenlisted in the USAR on or after 23 May 1995. REFERENCES: 1. 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. 2. 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 5 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 until their mandatory removal date (MRD). 3. 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 MRD, 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. 4. The following are situations in which an enlisted Soldier would lose his/her Reserve affiliation: * failure to maintain a valid enlistment contract * failure to maintain a valid address with Army officials * failure to respond to official correspondence * failure to maintain a valid physical examination * was involuntarily separated for a reason considered to be his fault 5. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-8, in effect at the time, states Soldiers may be separated prior to expiration of their term of service. When authorization limitations, strength restrictions, or budgetary constraints require the size of the enlisted force to be reduced, the Secretary of the Army will authorize voluntary or involuntary separation for the convenience of the Government. 6. Army Regulation 635-5-1 (SPD Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The SPD code of "JCC" is the correct code for Soldiers discharged under the provisions of Army Regulation 635-200, paragraph 16-8. DISCUSSION 1. The governing regulation states VSI annual payments will be discontinued if the member is separated from the Ready Reserve. 2. Evidence shows the applicant was released from active duty in 1992 under the Early Release Program for VSI. He was transferred to the IRR as required in order to receive annual VSI payments. 3. His term of service in the USAR expired on 23 May 1995. There is no evidence showing he reenlisted in the USAR on or after 23 May 1995. It appears his entitlement to VSI payments ended because he was no longer a member of the USAR. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160002133 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002133 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2