2. 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.
3. 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. Unfortunately, he was improperly advised to continue to separate under the VET program and that he would receive his new orders at the time of separation. However, on the day of his separation he was informed that his request for separation under the VSIP had not been completed and his orders had not been changed. Furthermore, he would have to separate under the VET with no entitlement to separation pay. He goes on to state that he would have gladly extended any additional time necessary to receive the SSB since he had already served over 10 years. In support of his application he submits a copy of his request to revoke his separation under the VET in order to apply for the SSB option and a copy of the message which announced his eligibility.
4. The applicants military records show that he enlisted on 29 October 1976 and served until he was honorably released from active duty on 22 October 1979 and transferred to the USAR. He again enlisted on 21 February 1984 and remained on active duty through continuous reenlistments. He was promoted to the pay grade of E-5 in military occupational specialty 12B on 1 June 1985.
5. On or about 8 October 1991, while stationed at Fort Carson, Colorado as a combat engineer, he applied for separation under the fiscal year (FY) 1992 VET program. His request was approved and orders were published on 10 December 1991 directing his separation on 16 January 1992 without entitlement to separation pay.
6. On 13 January 1992 the applicant simultaneously submitted a request to withdraw his separation under the VET program and a request to separate under the SSB option of the VSIP. There is no indication that his request was ever acted on.
7. On 16 January 1992 he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-8, and the VET program. He had served 10 years, 10 months, and 20 days of total active service and was separated without entitlement to separation pay.
8. In the processing of this case, a staff advisory opinion was obtained from the Total Army Personnel Command (PERSCOM). It opined that the applicant was eligible for separation under the VSIP and that favorable action should be taken in his case.
9. In order to comply with Congressional intent to drawdown the Army through voluntary separation, the Department announced the provisions of the FY 1992 VET program through electronic message on 1 October 1991.
10. In the interim, the Secretary of Defense was in the process of drafting guidance for the administration and payment of separation incentive pay for both officer and enlisted personnel in overstrength inventories to encourage them to leave active duty voluntarily. On 20 December 1991 the Department announced the provisions of the National Defense Authorization Act for FY 1992, which established the VSIP and two separation incentive options. Both separation incentive options, the Voluntary Separation Incentive (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.
11. 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.
12. The 20 December 1991 message also set forth the specific criteria for VSIP eligibility and provided the authority for enlisted members who had been approved for separation under the FY 1992 VET program BUT had not yet separated to apply under the VSIP which was effective 1 January 1992. Commanders were instructed to make every effort to contact soldiers in this category and notify them of this option before they are separated. However, if a soldier eligible for VSI/SSB is separated under existing programs prior to applying for voluntary release under the VSI/SSB incentive program, that separation is valid and that separation, once executed, may not be revoked or rescinded in order to allow the soldier to apply under the VSI/SSB program. Soldiers who do not wish to amend their original requests will be separated as scheduled. All others will be extended and offered VSI/SSB . . ..
CONCLUSIONS:
1. Although fully qualified and eligible to participate in the VSIP, the applicant was not properly afforded the opportunity to do so. Consequently, the applicant has suffered an injustice.
2. Through no fault of his own, the applicant has been denied a financial gain afforded to others in similar circumstances.
3. Inasmuch as the applicant previously submitted his request for separation under the SSB option of the VSIP, it would be equitable and just to correct his records as requested.
4. In view of the foregoing, it would be appropriate to correct the applicants records as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected to show that the individual concerned was honorably released from active duty on 16 January 1992 under the provisions of Army Regulation 635-200, paragraph 16-8, and the VSIP with entitlement to SSB benefits.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
ARMY | BCMR | CY1995 | 9506342C070209
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 | CY1995 | 9510341C070209
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 | CY1996 | 9606149C070209
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 | CY1996 | 9606815C070209
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 applicants...
ARMY | BCMR | CY1995 | 9508451C070209
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 applicants request for the SSB option and the implementation of the legislatively amended VSI benefits...
ARMY | BCMR | CY1990-1993 | 9310255.
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. The PERSCOM recommended approval of the applicant’s request. 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.
ARMY | BCMR | CY1995 | 9507983C070209
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 | CY2009 | 20090006745
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 | CY1995 | 9508891C070209
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 | CY1995 | 9510313C070209
EVIDENCE OF RECORD: The applicant's military records show: After serving 15 years, 10 months, and 22 days of total active service, the applicant was honorably released from active duty in the pay grade of E-6 and transferred to a USAR Troop Program Unit (TPU) in Massachusetts on 20 January 1988. Title 10, United States Code, section 3964 provides that each warrant officer and enlisted member of the Regular Army, is entitled, when his or her active service plus service on the retired list...