APPLICANT REQUESTS: In effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.
APPLICANT STATES: She states, in effect that she was setup to be erroneously discharged from the military.
EVIDENCE OF RECORD: The applicant's military records show:
She was born on 17 February 1961. She completed 12 years of formal education. On 26 April 1983, she enlisted in the Regular Army for 4 years. She completed the required training and was awarded military occupational specialty 71G30 (Patient Administration Specialist). Her service was continuous through reenlistments and extensions. The highest grade she achieved was pay grade E-6.
On 11 August 1994, the applicant signed a DA Form 4187 (Personnel Action) requesting that she be discharged from the service in accordance with Army Regulation 635-200, paragraph 16-8, under the FY95 Enlisted Voluntary Early Release Program (VSI). On 19 September 1994, her request was approved. The approval was contingent upon the soldier having at least 5 years of continuous active service. The applicant was advised of her rights.
On 1 January 1995, the applicant was discharged, in pay grade E-6, under the provisions of Army Regulation 635-200, paragraph 16-8 (Early Release Program - Voluntary Separation Incentive), with an honorable discharge. She received separation pay in the amount of $7,29.30. The applicant had completed 11 years, 8 months and 6 days of active military service. She was awarded the Army Commendation Medal, the Army Achievement Medal (2nd award), the Good Conduct Medal (4th award), the National Defense Service Medal (2nd award), the Southwest Asia Service Medal(three bronze service stars), the Army Service Ribbon and the Overseas Service Ribbon. She was given a reentry code of RE-3 and was transferred to an Army Reserve unit.
Army Regulation 635-200 sets forth, policy and prescribes procedures for separation of enlisted personnel. Paragraph 16-8, prescribes the procedures for the reduction of enlisted strength in the Army. These programs are prescribed periodically by the Secretary of the Army to meet budgetary end-strengths as required by the Congress of the United States. Personnel so separated may be eligible to reenlist at a later date based on the needs of the Army. Former soldiers should work with their local recruiting office to determined their reenlistment eligibility.
The VSI/SSB program was authorized by Congress as a force management tool with which to effect the drawdown of military forces. The program is not an entitlement; accordingly, it is not offered to all soldiers. Rather, it is offered to select soldiers in excess grades/skills who are otherwise fully eligible for continued service. These are soldiers who, but for the drawdown, would be eligible to qualify for normal 20 year retirement. The bonus is offered as an incentive to leave military service prior to the
20 year mark. Soldiers so separated are required to serve a minimum of 3 years in the Army Reserve.
Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria. They are required to process a request for waiver under the provisions of chapter 4 of Army Regulation 601-210 (RA and Army Reserve Enlistment Program). There is no evidence that the applicant has applied through his recruiter for a waiver.
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 Regulation requires that at the time of discharge reentry codes will be assigned based on the reason for the discharge; therefore, the applicant was properly assigned an RE code of RE-3 based on her reason for discharge. The code can be waived for reenlistment purposes.
3. In view of the circumstances in this case, the assigned reentry eligibility code was and still is appropriate.
4. The applicant's allegation regarding being erroneously discharged from the military is unsupported by the evidence of record.
5. In view of the foregoing, there is no basis for granting the applicants 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
DENY APPLICATION
Karl F. Schneider
Acting Director
ARMY | BCMR | CY1995 | 9511067C070209
APPLICANT REQUESTS: In effect, a medical retirement. There is no medical evidence in his medical records which indicates that during the applicants 15 years of military service that he was preferred to a medical evaluation board. On 25 September 1992, the applicant was discharged, in pay grade E-5, under the provisions of Army Regulation 635-200, paragraph 16-8 (Early Release Program - Voluntary Separation Incentive), with an honorable discharge.
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 | 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 | CY2011 | 20110016091
She got a physical, reenlisted, and received her payment. d. in 2001, she got a physical, reenlisted, and received her payment. Evidence shows she contacted that office requesting to reenlist in the IRR 4 months after she was discharged in April 2006.
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 | CY1995 | 9509392C070209
The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. However, inasmuch as he separated from active duty under the Voluntary Separation Incentive (VSI) Program (VSIP), he is obligated to remain in the USAR in some capacity as a condition of receiving his annual VSI payments. Although it is a requirement for USAR soldiers to request transfer to the Retired Reserve or another USAR Control Group in lieu of being...
ARMY | BCMR | CY2002 | 2002071483C070402
The applicant’s military records show that as a sergeant, pay grade E-5, he reenlisted in the Regular Army on 26 October 1994, for a period of 4 years. 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. The applicant is authorized to receive VSI payments each year until...
ARMY | BCMR | CY2009 | 20090020894
The applicant requests, in effect, correction of her record to reinstate her in the Individual Ready Reserve (IRR) so she may maintain eligibility for payment under the Voluntary Separation Incentive (VSI) Program. The advisory official states there is no record showing the applicant reenlisted in the USAR on or after the date she completed her enlistment. There is no evidence she attempted to reenlist before or after her term of service expired on 9 November 2003 even though it was in her...
ARMY | BCMR | CY2010 | 20100019181
The applicant, the spouse of a deceased former service member (FSM), requests the FSM's discharge from the U.S. Army Reserve (USAR) be voided and that he instead be placed in the Retired Reserve to allow for continued payment of his earned Voluntary Separation Incentive (VSI) benefit. The applicant states, in effect: * the FSM was recruited into the active Reserve, from the Individual Ready Reserve (IRR), around September 2002 * the FSM informed the Army of the fact he was receiving VSI,...
ARMY | BCMR | CY2001 | 2001064450C070421
APPLICANT REQUESTS: That his records be corrected to reflect that he elected separation from active Army under the Variable Separation Incentive (VSI) Program instead of the Special Separation Benefit (SSB) Program. Initially, only a non-monetary, voluntary separation program was announced providing retirement opportunities for some soldiers who had less than 20 but more than 15 years of active military service. The evidence of record shows the applicant was separated under the provisions...