| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Ms. Kathleen A. Newman | Member | |
| Mr. Ronald E. Blakely | Member |
2. The applicant requests that he be reinstated in the U. S. Army Reserve (USAR) and his Voluntary Separation Incentive (VSI) payments be resumed.
3. The applicant states that he mistakenly resigned his commission in the USAR. He received a letter from the Army Reserve Personnel Command (AR-PERSCOM) requiring him to take a physical exam or resign. He did not realize that he would be resigning from the Individual Ready Reserve (IRR). He was under the impression that the only requirements for the IRR were to keep AR-PERSCOM informed of his current address. Since the letter did not mention the VSI or the IRR, he had no idea that he would be completely discharged and be giving up both his IRR status and his VSI entitlements. He would not have walked away from his obligation or his VSI entitlements.
4. The applicant’s military records show that he was born on 14 March 1962. He entered active duty on 12 May 1984. He was promoted to captain on 1 May 1988. On 1 August 1993, he was discharged under the Early Release Program – VSI after completing 9 years, 2 months, and 20 days of creditable active service. His request for early release is not available. His Certificate of Release or Discharge from Active Duty, DD Form 214, indicates he would receive 18 annual VSI payments of $8,877.52 each. Effective 1 August 1993 he was appointed as a USAR captain for an indefinite term. On an unknown date, he was promoted to major.
5. On 2 October 2000, AR-PERSCOM notified the applicant by memorandum that their records indicated he was past due for a physical. He was requested to sign, date, and check the appropriate block(s) on the reverse side of the memorandum. The applicant checked the block “As a Reserve Officer in the USAR, who has completed my statutory or contractual obligation, I hereby tender my unqualified resignation and desire an honorable discharge from the USAR.” He signed, dated, and returned the form to AR-PERSCOM. In compliance with his request, AR-PERSCOM published orders discharging him from the USAR effective 26 October 2000.
6. The National Defense Authorization Act for Fiscal Year 1992 established voluntary incentive programs to support the Army drawdown. The VSI was one of the monetary benefits associated with this incentive program. Headquarters, Department of the Army message 281802Z January 1992 clarified issues associated with the voluntary separation incentive program via a question and answer format. It stated that soldiers approved for VSI would be paid in annual installments commencing on their departure date from active duty and on each anniversary date thereafter for twice the number of years on active duty provided the soldier continued to serve in the Ready Reserve. VSI annual payments would be discontinued if the member was separated from the Ready Reserve unless the individual became ineligible to continue to serve due to medical or age limitations in which case the soldier would be transferred to the Standby Reserve or the Retired Reserve.
7. Army Regulation 140-10 states that soldiers not sooner removed for another reason will be removed from the Army Reserve when they each maximum age. Removal date for field and company grade USAR offices will be the last day of the month in which they reach age 60.
CONCLUSIONS:
1. The Board notes that the applicant checked the option box that clearly stated he tendered his resignation and desired discharge from the USAR and it is normally understood that if one is discharged from the U. S. Army Reserve one cannot remain in the Individual Ready Reserve. However, the Board concludes that it is unreasonable to believe that the applicant would have tendered his voluntary resignation if he understood that such action would cause him to lose his annual VSI annuity payments of over $8,000 over the next 11 years.
2. The applicant’s record confirms that he served honorably for 9 years on active duty and was entitled to the VSI upon his separation in 1993 and appointment in the USAR. It would be unjust to hold him to a decision he made which ultimately affected his eligibility to continue to receive his VSI payments knowing that he likely made that decision without full knowledge of the consequences.
3. The applicant can continue to be eligible for the VSI payments only if his USAR discharge action is voided. The applicant has not yet reached the maximum age requirement for mandatory transfer to the Retired Reserve nor is there any current medical evidence which would make him ineligible for continuation in the IRR. As such, it would be appropriate to void his October 2000 discharge, to resume his VSI payments, and to retroactively pay any annual payments which were lost as a result of his discharge.
4. The applicant is still required to take a periodic physical. As a member of the IRR he is subject to mobilization. This is the reason members of the IRR must take a periodic physical, to ensure they remain medically fit for retention and therefore for mobilization.
5. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by:
a. declaring the applicant’s 26 October 2000 discharge from the U. S. Army Reserve null and void;
b. reinstating the applicant in the Individual Ready Reserve in the rank of major without any loss of creditable service;
c. restoring the applicant’s entitlement to annual VSI payments; and
d. retroactively paying to the applicant any lost VSI payments which resulted from the discharge action.
2. That within 30 days of the applicant’s reinstatement he take the appropriate steps to complete the required periodic physical and return the completed physical to AR-PERSCOM. The applicant is reminded that VSI payments do not cease if a member is found to be medically unfit for retention.
BOARD VOTE:
__rjw___ __kan___ __reb___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Raymond J. Wagner
______________________
CHAIRPERSON
| CASE ID | AR2001061905 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011025 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 135.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001062154C070421
The applicant requests that his voluntary resignation from the IRR (Individual Ready Reserve) be revoked and that he be reinstated in order to continue to draw his annual VSI (Voluntary Separation Incentive) payments. The applicant states that he was honorably discharged on 31 July 1993, under VSI and was transferred to the US Army Reserve (USAR). The applicant’s record confirms that he served honorably for 10 years on active duty and was entitled to the VSI upon his separation on 31 July...
ARMY | BCMR | CY2001 | 2001060082C070421
The applicant requests that his Voluntary Separation Incentive (VSI) benefit be reinstated and that he be reinstated in the Individual Ready Reserve (IRR). The applicant’s military records show that he was a U. S. Army Reserve (USAR) captain serving on active duty. An advisory opinion was provided by AR-PERSCOM that some IRR officers in receipt of VSI payments did receive erroneous letters directing them to either join a unit or request discharge but they do not have a record of sending...
ARMY | BCMR | CY2002 | 2002075338C070403
The applicant requests that his discharge be revoked, that he be returned to a Ready Reserve status, and that his Voluntary Separation Incentive (VSI) payments be reinstated. He was also informed of the requirements in order to continue to receive his VSI payments. The applicant was separated from active duty on 1 August 1994, under the VSI program and was to receive $8,319.03 a year for 18 years.
ARMY | BCMR | CY2001 | 2001059910C070421
The applicant requests that he be reinstated in the U. S. Army Reserve (USAR) Control Group (Reinforcement) Individual Ready Reserve (IRR) as a captain and that his Voluntary Separation Incentive (VSI) program benefits be restored. At the same time, the applicant stated that he also received a letter from the Army Reserve Personnel Command (AR-PERSCOM) informing him that he could request resignation. As a matter of justice and exception to policy, his 9 September 1998 discharge from the...
ARMY | BCMR | CY2002 | 2002067244C070402
The applicant states, in effect, that he was erroneously discharged from the U. S. Army Reserve (USAR) Individual Ready Reserve (IRR) and thereby lost his VSI status and annual VSI payments. He was medically disqualified for retention and should have been transferred to the Retired Reserve and continue to receive his VSI payments under the provisions of the VSI program. Under the provisions of VSI, he should be provided VSI payments from 1998 to the present and continue to receive VSI payments.
ARMY | BCMR | CY2002 | 2002073719C070403
The applicant states, in effect, that his VSI payments should be reinstated and his transfer to the Retired Reserve be revoked. On 2 August 2000, the FLARNG notified the applicant that he had completed the required years of service to be eligible for retired pay at age at 60 (20-Year Letter). 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...
ARMY | BCMR | CY2001 | 2001060662C070421
The applicant requests, in effect, that his 14 January 2000 discharge from the United States Army Reserve (USAR) be voided, that his payments under the Voluntary Separation Incentive Program (VSIP) be continued and that he be paid all back payments that he should have received had he not been involuntarily discharged. Although officials at the ARPERSCOM indicate that the applicant submitted a resignation, the applicant denies having done so and the ARPERSCOM has been unable to provide any...
ARMY | BCMR | CY2002 | 2002079849C070215
AR-PERSCOM informed him the he had been discharged effective 22 June 2001 and would not receive future VSI payments. AR-PERSCOM stated that Public Law and the implementing instructions of the Department of Defense (DOD) Financial Management Regulation, Volume 7A, Chapter 35, requires that individuals receiving VSI "must continue to serve in a Reserve Component for the entire period of eligibility for VSI" unless the member's "transfer is required by reason of failure of selection for...
ARMY | BCMR | CY2001 | 2001052150C070420
Both the November 1999 version and the November 1996 version of this form had two possible items for signature – one to verify that the information on the form was correct and one if the officer requested resignation. That all of the Department of the Army records related to this case be corrected by showing that the applicant signed the ARPC Form 3725-R on 10 September 2000 in the item certifying that the information provided on the form is true and correct and that he did not sign in Part...
ARMY | BCMR | CY2001 | 2001066203C070421
APPLICANT STATES : That his 6-year Reserve enlistment contract was truly unjust and that he was under the impression that he needed to reenlist in order to continue receiving his Voluntary Separation Incentive (VSI) payments. The applicant’s records failed to show an enlistment contract for the period 22 March 2000 to 5 June 2001. The period of military service for all enlisted soldiers of the Army will be accordance with applicable laws.