| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. Stanley Kelley | Member | |
| Mr. John P. Infante | Member |
APPLICANT REQUESTS: Authorization to antedate a reenlistment to 20 September 1995.
APPLICANT STATES: That she voluntarily separated from active duty on 29 September 1992 under the Voluntary Separation Incentive (VSI) program. At that time she agreed to remain in the Individual Ready Reserve (IRR) until her annual VSI payments ended. In 1996, she received a phone call informing her that her enlistment had expired and she had to submit a letter requesting an antedated reenlistment. She was told she would receive a packet containing documents necessary to obtain a physical examination and to reenlist. She wrote the letter and mailed it immediately. While she never received a reply to her letter, her VSI payments continued, so she assumed she had satisfied her reenlistment requirements. When her VSI payment was not deposited in September 1999, she contacted the Army Reserve Personnel Command (AR-PERSCOM), and was again informed that she had to request an antedated reenlistment. She received the reenlistment packet and attempted to get a physical examination at the local Military Entrance Processing Station (MEPS), but was told she required orders to get a physical examination. She then called the AR-PERSCOM who told her they could not publish orders for her since she had no military status. She was finally able to convince the MEPS to give her a physical examination without orders and forwarded the report of examination to the AR-PERSCOM. The AR-PERSCOM wrote her back promptly and informed her that several tests were not included in the report of examination. She then contacted the MEPS for the missing tests, but even after calling to ask about the status of the tests on several occasions, did not receive the tests until much later. She forwarded the missing tests to AR-PERSCOM who then had their Surgeon review her physical examination to determine whether she was medically qualified for reenlistment. The AR-PERSCOM Surgeon sent her a letter requesting further information on her use of Prozac and, once she complied with that request, she was determined medically qualified to reenlist. However, by that time, more than six years had passed since the expiration of her term of service (ETS), so the AR-PERSCOM could no longer authorize an antedated reenlistment.
In support of her application she submits correspondence between her and the AR-PERSCOM dated between 8 March and 26 December 2001.
EVIDENCE OF RECORD: The applicant's military records show:
She enlisted in the Regular Army on 12 October 1982, was awarded the military occupational specialty of single channel radio operator and broadcast journalist,
and was promoted to pay grade E-4. She immediately reenlisted on 15 May 1987 and on 14 November 1990, and was honorably discharged on 29 September 1992 with VSI payments.
The VSI was just one of several programs instituted by Congress and implemented by the services to provide temporary management tools to reshape the military through FY95. To receive the VSI soldiers had to agree to remain a member of the Ready Reserve. They were informed of this requirement in conjunction with their application for separation with VSI.
Army Regulation 140-111, US Army Reserve Reenlistment Program, provides that the maximum period of service for which a reservist may reenlist is 6 years.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The applicant was aware of the requirement to reenlist to maintain military status, as evidenced by her two reenlistments while on active duty.
2. The applicant, by her own admission, was told when she was separated from active duty that she had to remain a member of the IRR to receive VSI payments.
3. The applicant was told in 1996 that she had been discharged and needed to request an antedated reenlistment.
4. Despite knowing she had to remain in the IRR to retain eligibility for VSI payments, knowing that she needed to reenlist to maintain military status, and knowing that her military status had ended in 1996, she elected not to take any action to rectify the situation until 2001 (according to the documents she submitted with her application).
5. In view of the preceding, it would appear that there was no error or injustice in the applicant’s discharge at her ETS, or in her inability to be considered for an antedated reenlistment.
6. 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
___sk ___ ___rvo __ ____jpi __ DENY APPLICATION
| CASE ID | AR2002069581 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020718 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 112.05 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002077227C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That she be authorized an antedated reenlistment. In that response, the unit retention NCO stated that the applicant was transferred out of her unit while she was within her 90-day window to reenlist.
ARMY | BCMR | CY2002 | 2002072661C070403
He also stated that he was transferred to the Retired Reserve due to a medical disqualification. The applicant had not done so. Army Regulation 140-111 (U. S. Army Reserve Reenlistment Program), Table 2-1, states that soldiers must meet Army weight standards and have a current (within five years) qualifying military physical to be reenlisted.
ARMY | BCMR | CY2002 | 2002075456C070403
The applicant requests, in effect, that he be reenlisted in the U. S. Army Reserve (USAR) and that he be provided his Voluntary Separation Incentive (VSI) payments. He enlisted in the Army Reserve on 18 July 1992, for a period of 3 years with an established expiration of term of service (ETS) of 17 July 1995. A VSI recipient must remain eligible for retention or reenlistment in the Ready Reserve by maintaining Army weight standards, completing a military physical examination every five...
ARMY | BCMR | CY2002 | 2002079279C070215
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 annual VSI payments for the remaining period authorized for VSI. The Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Nonregular Service), indicates, in pertinent part, that to be eligible for retired pay, an individual does not need to have a...
ARMY | BCMR | CY2003 | 2003091732C070212
He enlisted in the Army Reserve on 16 April 1992, for a period of 3 years with an established ETS of 15 April 1995. On 17 April 2001 the applicant was discharged. The applicant is authorized to receive VSI payments each year until 15 April 2014 if he qualifies and continues to reenlist.
ARMY | BCMR | CY2002 | 2002069024C070402
Army Regulation 40-501, paragraph 8-19c(4) states that all members of the Ready Reserve not on active duty will be examined at least once every 5 years during the anniversary month of their last recorded medical examination. 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: There is no evidence in the medical documents the applicant provided to show that...
ARMY | BCMR | CY2004 | 20040008377C070208
The applicant provides: a. f. Orders D-12-505221, ARPERCEN, dated 12 December 1995, discharging the applicant from the USAR effective 12 December 1995. g. Orders 99-38, Headquarters, US Army intelligence Center and Fort Huachuca, dated 20 May 1992, discharging the applicant from the RA on 1 September 1992. h. SF 88 (Report of Medical Examination), Buffalo MEPS, dated 3 September 1997, showing the applicant was disqualified for enlistment due to "elevated intraocular pressure." The Board...
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 | 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 | CY2004 | 20040005850C070208
The applicant provides: a. The applicant was separated from active duty on 30 June 1998 under the VSI program and was to receive $7663.59 a year for 26 years. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. reenlisting him for an eight-year term of service in the Army Reserve, with an antedated effective date of 1 July 1998; b. providing him VSI payments from 2000 through 2005; c. by restoring his entitlement to...