Search Decisions

Decision Text

ARMY | BCMR | CY1990-1993 | 9310255.
Original file (9310255..rtf) Auto-classification: Approved
2. The applicant requests, in effect, that his records be corrected to show that he was retired early (15-years) for length of service. In the alternative, he requests that he separated from the service with entitlement to the Special Separation Benefit (SSB) option of the Voluntary Separation Incentive Program (VSIP).
3. The applicant states that he was unjustly denied separation under the VSIP because his request for separation under that program was improperly denied, in that, he was considered as a promotable sergeant when in fact he had been removed from the promotion standing list. He goes on to state that had he been properly approved for separation under the VSIP prior to 3 May 1993, he would have also been eligible to apply for an early retirement based on his 15 years of service. He further states that he understands that there would have to be an offset of retirement payments to recoup the separation pay he received.

4. The applicant’s military records show that he submitted a request for removal from the promotion standing list to the pay grade of E-6 and separation under the SSB option of the VSIP on 8 March 1993. His request for removal was approved on 16 March 1993 at Fort Riley, Kansas. There is no indication on the approval document that distribution was made to the Total Army Personnel Command (PERSCOM).

5. The applicant’s request for separation under the VSIP was disapproved by the PERSCOM on 21 April 1993.

6. On 30 June 1993, the applicant was honorably discharged in the pay grade of E-5 under the provisions of Army Regulation 635-200, paragraph 16-8 and the Qualitative Retention Program (applicant exceeded the retention control point for his grade). He had served 15 years, 2 months, and 14 days of total active service and received full separation pay in the amount of $28,490.28.

7. In the processing of this case, a staff advisory opinion was obtained from the PERSCOM. It opined, in effect, that the applicant was erroneously denied separation under the SSB option of the VSIP and the subsequent opportunity to apply for early retirement. The PERSCOM recommended approval of the applicant’s request.

8. On 20 December 1991 the Department announced the provisions of the National Defense Authorization Act for FY92, which established the VSIP and two separation incentive options. Both separation incentive options, the VSI and the SSB, were offered jointly. Service members who were approved for the VSIP had the option of receiving either the VSI or the SSB.
9. Those who chose the SSB received a lump sum payment equal to 15 percent of his/her annual basic pay multiplied by 12 and multiplied again by his/her number of years of active military service. In return, they had to agree to serve in the Ready Reserve for a period of not less than 3 years after completion of any remaining statutory obligation.
10. Department of the Army Circular 635-92-1 outlines the eligibility criteria for separation pay and provides separation pay formulas as authorized by Department of Defense Instruction 1332.29 dated 20 June 1991 and other Headquarters, Department of the Army guidance, resulting from Public Law 101-510, The National Defense Authorization Act for Fiscal Year 1991. The circular also illustrates the various types of separation that are either eligible or ineligible for separation pay. It states, in pertinent part, that separation pay is authorized for soldiers serving on active duty on 5 November 1990 who were involuntarily separated prior to completion of obligated service or who were denied reenlistment/continuation.

11. The PERSCOM message number 93-164, dated 20 April 1993, announced the criteria for the fiscal year 1993 early retirement program (the first year the program was offered). It stated, in pertinent part, that soldiers with at least 15 years of active federal service (AFS) but less than 20 years of AFS, in selected pay grades and military occupational specialties, could apply for early retirement. Personnel approved for early retirement will receive the same benefits as individuals with 20 years or more service, except that their retired pay will be reduced.
CONCLUSIONS :

1. The applicant’s contention that he was improperly denied separation under the VSIP has merit, in that although fully qualified and eligible to participate in the VSIP, he was not properly afforded the opportunity to do so.

2. Instead, he was discharged for exceeding the retention control point for his grade, which occurred as a result of his attempting to meet the established criteria of being a non-promotable E-5.

3. Thus, through no fault of his own, the applicant was denied not only SSB payment upon separation but the opportunity to apply for early retirement as well.

4. Therefore, inasmuch as the applicant has indicated that he desires to accept an early retirement, it would be equitable and just to correct his records to show that he was granted an early (15-year) retirement.

RECOMMENDATION :

That all of the Department of the Army records related to this case be corrected:

a. by voiding the separation of the individual concerned on 30 June 1993;

b. by showing that he was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 12 on 30 June 1993; and

c. by showing that effective 1 July 1993 he was placed on the retired list under the provisions of title 10, United States Code, section 3914 in pay grade E-5.

BOARD VOTE :

GRANT AS STATED IN RECOMMENDATION

GRANT FORMAL HEARING

DENY APPLICATION




                 
                  CHAIRPERSON

Similar Decisions

  • ARMY | BCMR | CY1995 | 9510341C070209

    Original file (9510341C070209.TXT) Auto-classification: Denied

    The Deputy Chief of Staff for Personnel message dated 20 December 1991 that originally announced the VSIP to support the Army drawdown, stated, in pertinent part, that soldiers in the pay grade of E-4 (promotable) and below with more than 7 years of service as of 31 December 1991 could apply for separation under the VSIP during the period 1 January 1992 through 29 February 1992. The 20 December 1991 message also set forth the specific criteria for VSIP eligibility and provided the authority...

  • ARMY | BCMR | CY1995 | 9508451C070209

    Original file (9508451C070209.TXT) Auto-classification: Denied

    As a second alternative, he requests correction of his military records to show that he elected the Voluntary Separation Incentive (VSI) option in lieu of the Special Separation Benefit (SSB) option offered under the VSIP. Service members who were approved for the VSIP had the option of receiving either the VSI or the SSB. Further, the PERSCOM noted that case that the approval of the applicant’s request for the SSB option and the implementation of the legislatively amended VSI benefits...

  • ARMY | BCMR | CY1995 | 9508228C070209

    Original file (9508228C070209.TXT) Auto-classification: Approved

    The applicant requests correction of his records to show that he was separated under the Voluntary Separation Incentive Program (VSIP) and that he receive all entitlements authorized under the Special Separation Benefit (SSB) option. The applicant states that he originally applied for separation under the Voluntary Early Transition (VET) Program. However, before he was separated, the VSIP was announced and he was afforded the opportunity to apply for separation under the SSB option of the VSIP.

  • ARMY | BCMR | CY1996 | 9606815C070209

    Original file (9606815C070209.txt) Auto-classification: Denied

    APPLICANT STATES: That at the time he requested separation under the Voluntary Separation Incentive (VSI) option of the Voluntary Separation Incentive Program (VSIP), he also requested a waiver of recoupment of any funds he still owed (in lieu of completing his active duty service obligation (ADSO)) for having participated in an ACS program. He specified in his request that he did not desire to separate from the service if his request for the VSI was not approved. Although, the applicant’s...

  • ARMY | BCMR | CY1995 | 9506342C070209

    Original file (9506342C070209.TXT) Auto-classification: Denied

    EVIDENCE OF RECORD: The applicant's military records show: The applicant enlisted on 5 November 1984 for a period of 3 years. Although not explained in the available records, orders were published on 25 June 1991 which authorized the applicant to separate from the service prior to his ETS, on 28 November 1991, under the provisions of Army Regulation 635-200, chapter 5. In the absence of evidence to the contrary, and considering that there were no early release programs announced at the...

  • ARMY | BCMR | CY1996 | 9606149C070209

    Original file (9606149C070209.TXT) Auto-classification: Denied

    APPLICANT STATES: That at the time he requested separation under the Special Separation Benefit (SSB) option of the Voluntary Separation Incentive Program (VSIP), he was informed that he could request a waiver of recoupment of approximately $9,000.00 he still owed (in lieu of completing his active duty service obligation (ADSO)) for having participated in an advanced civil schooling program. Furthermore, he was advised that the law did not allow for a waiver of reimbursement for advance...

  • ARMY | BCMR | CY1995 | 9507983C070209

    Original file (9507983C070209.TXT) Auto-classification: Approved

    The applicant requests correction of his military records to show that he separated from the service with entitlement to the voluntary separation incentive (VSI) option of the Voluntary Separation Incentive Program (VSIP) instead of the special separation benefit (SSB) option he received. However, at the time of separation, he received payment under the SSB option. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected to show that the individual...

  • ARMY | BCMR | CY1995 | 9508891C070209

    Original file (9508891C070209.TXT) Auto-classification: Denied

    APPLICANT REQUESTS: Correction of his military records to show that he elected the Voluntary Separation Incentive (VSI) option in lieu of the Special Separation Benefit (SSB) option offered under the Voluntary Separation Incentive Program (VSIP). Service members who were approved for the VSIP had the option of receiving either the VSI or the SSB. On 5 June 1992 he submitted a request to change his election to separate under the SSB option instead of the VSI option.

  • ARMY | BCMR | CY2009 | 20090006745

    Original file (20090006745.txt) Auto-classification: Denied

    On 14 January 1992, the applicant voluntarily submitted a request for separation under the Fiscal Year (FY) 1992 Enlisted Voluntary Early Transition Program, effective 25 April 1992, under the Special Separation Benefit (SSB) option. It provided, in pertinent part, that non-disability separation pay was authorized for Regular Army enlisted Soldiers involuntarily separated or released from active duty who were discharged under honorable conditions and who had completed at least 6 years, but...

  • ARMY | BCMR | CY1997 | 9707458C070209

    Original file (9707458C070209.TXT) Auto-classification: Denied

    Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his or her office, rank, grade or rating because of disability incurred while entitled to basic pay. That without the additional military medical information requested, nor further medical advisory was warranted. An award of a VA rating does not establish entitlement to medical retirement or separation from the Army.