APPLICANT REQUESTS:  In effect, that his records be corrected to show that he separated from the service on 27 March 1992, under the Voluntary Separation Incentive Program (VSIP) with entitlement to benefits under that program.

APPLICANT STATES:  That he was informed by his chain of command that he was eligible for early separation under the VSIP with entitlement to separation pay.  He further states that he based his decision to separate from the service on the premise of getting separation pay and then submitted his application to the Department along with several other soldiers.  However, just prior to his separation, he was informed that he was not entitled to receive separation pay. 
He goes on to state that he did not have the time or funds to pursue the matter further at that time, but has discovered that soldiers with less service and a less distinguished record of service than his, have received separation pay.

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

After serving 2 years in the USAR, the applicant enlisted in the Regular Army on 19 February 1985 for training in the military occupational specialty (MOS) of a bradley fighting vehicle systems mechanic (63T20) and remained on active duty through continuous reenlistments.  His scheduled expiration of term of service (ETS) after his last reenlistment was to be 18 August 1993.  He was promoted to the pay grade of E-5 on 1 February 1987.

Orders were published on 11 January 1992 assigning the applicant to the installation transition center effective 27 March 1992 for the purpose of discharge.  His orders specified that he was not authorized separation pay.

On 27 March 1992 the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-8, under the Fiscal Year 1992 Voluntary Early Transition (VET) Program.  He had served 7 years, 4 months, and 14 days of total active service.

The applicant subsequently enlisted in the National Guard for a period of 1 year and was assigned to a unit in Alabama.
There is no indication in the available records to indicate whether or not the applicant applied for separation under the VSIP prior to his discharge.
In order to comply with Congressional intent to drawdown the Army through voluntary separation, the Department announced the provisions of the Fiscal Year (FY) 1992 Enlisted Voluntary Early Transition Program through electronic message on 1 October 1991.
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 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.
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.
Those choosing the VSI were to receive an annual payment equal to 2.5 percent of his/her annual basic pay, multiplied by 12 and multiplied again by the number of years of active Federal service.  The member had to agree to serve in the Ready Reserve for the entire period that he/she received annual payments.
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.  It also provided that any soldier with 6 or more years of service as of 5 December 1991 who was fully qualified for retention, but denied reenlistment under the new retention management provisions of Army Regulation 601-280 could apply as well.
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 FY92 Early Transition Program BUT had not 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 being notified, or after being notified but 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.”
In January 1992 the PERSCOM dispatched the provisions of the Fiscal Year (FY) 1992 National Defense Authorization Act which stated that only members with more than 6 years of active service as of 5 December 1991, with the last 5 years being continuous, and less than 20 years of active service, and whose career fields, pay grade, or year groups were identified as overstrength were potentially eligible for the VSIP.
In February 1992 the PERSCOM dispatched military personnel message number 92-124 which announced the overstrength MOS’s and grades necessary to qualify for separation under category three of the VSIP.  The message contained the applicant’s grade and MOS and specified that only soldiers with nine or more years of service as of 31 December 1991 were eligible to apply for separation. 

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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  A condition of separation under the VSIP was that the soldier apply for separation under that program prior to being separated.  There is no evidence that the applicant made such an application.

2.  Although the applicant contends that he applied for separation under the VSIP, there is no evidence to support his contention.  Furthermore, the applicant did not have the necessary number of years of service required to be eligible for separation under the VSIP.

3.  Notwithstanding the aforementioned conclusions, the implementing instructions provided that once a soldier was separated under existing separation programs, a discharge could not be revoked or rescinded to allow the soldier to apply for separation under the VSIP.

4.  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

                       DENY APPLICATION




		David R. Kinneer
		Executive Secretary