RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          10 August 2004
      DOCKET NUMBER:  AR2004101431


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Gail J. Wire                  |     |Chairperson          |
|     |Ms. Karen A. Heinz                |     |Member               |
|     |Mr. Paul M. Smith                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his discharge be voided and that he be
transferred to the Retired Reserve.

2.  The applicant states that after he received orders calling him to
active duty he requested a medical exemption and transfer to the Retired
Reserve.  He was granted the exemption but was discharged rather than
transferred to the Retired Reserve.  He separated from active duty under
the Voluntary Separation Incentive (VSI) program and his discharge stopped
his VSI payments.

3.  The applicant provides his DD Form 214 (Certificate of Release or
Discharge from Active Duty); his active duty orders; medical documentation;
a Department of Veterans Affairs (VA) rating decision; his request for
exemption; an amendment to his active duty orders; his exemption approval
letter; and his active duty revocation orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 3 October 1978.  He was
separated under the VSI program on 20 November 1992.

2.  Orders dated 16 January 2003 ordered the applicant to active duty from
the Individual Ready Reserve with a report date of 22 February 2003.

3.  Around January 2003, the applicant requested an exemption from active
duty for medical reasons.

4.  With a letter to the U. S. Army Reserve Personnel Command (AR-PERSCOM)
dated 30 January 2003, the applicant provided numerous medical documents
(also provided with his application to the Board).  These documents show
that, beginning in 1998, he was treated for complaints of pain in his back
and body aches all over.  In 1998 he was diagnosed with myofascial
syndrome.  Around October 2000, he was diagnosed with chronic fibromyalgia
and fibromyosistis.  He also had been awarded a 10 percent disability
rating by the VA in March 1993 for prostate cystitis.

5.  In his letter dated 30 January 2003, the applicant also requested that,
if his request for exemption was approved, he be transferred to the Retired
Reserve in lieu of being discharged.

6.  The applicant was granted an administrative delay pending action on his
request for exemption and his reporting date was amended to 9 March 2003.
7.  By letter dated 21 February 2003, AR-PERSCOM informed the applicant
that his request for exemption from active duty was approved and, based on
the circumstances of his exemption request, he would be discharged from the
U. S. Army Reserve.

8.  The applicant's active duty orders were revoked on 25 February 2003.
His discharge orders were issued on 24 April 2003 with an effective date of
24 April 2003.

9.  The National Defense Authorization Act for Fiscal Year 1992 established
voluntary incentive programs to support the Army drawdown.  These incentive
programs were designed to induce members of the Armed Forces to leave the
military voluntarily.  Under both of the programs, the Voluntary Separation
Incentive and the Special Separation Benefit, qualifying service members
who voluntarily left active duty before their retirement vested received
benefits based on their salary at the time of separation and on years of
service.

10.  The VSI was an annual annuity payment equal to 2.5 percent of the
soldier’s annual basic pay multiplied by his years of service and paid for
twice the number of years served.  Soldiers approved for VSI must have been
appointed, enlisted, or transferred to the Ready Reserve for the entire
period they received VSI annual payments.  In the event the soldier becomes
ineligible to continue to serve in the Ready Reserve due to medical or age
limitations, the soldier will be transferred to the Standby Reserve or the
Retired Reserve and continue to receive annual VSI payments for the
remaining period authorized.

11.  Army Regulation 601-25 (Delay in Reporting for and Exemption from
Active Duty, Initial Active Duty for Training, and Reserve Forces Duty),
paragraph 4-11 states that a member approved for exemption from entry on
active duty must be removed from current status.  A nonobligated member
will be discharged unless the member is eligible and elects transfer to the
Retired Reserve.

12.  Army Regulation 140-10 (Assignments, Attachments, Details, and
Transfers), paragraph 6-1a(8) states that assignment to the Retired Reserve
is authorized for soldiers who request transfer and are medically
disqualified, not as a result of own misconduct, for retention in an active
status or entry on active duty regardless of the total years of service
completed.

DISCUSSION AND CONCLUSIONS:

It appears the applicant was erroneously discharged from the U. S. Army
Reserve after his request for exemption from active duty was approved.  In
accordance with Army Regulation 140-10, he was eligible for transfer to the
Retired Reserve and he had requested transfer to the Retired Reserve.

BOARD VOTE:

__gjw___  __kah___  __pms___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

     a.  voiding his 24 April 2003 discharge from the U. S. Army Reserve;

     b.  showing he was transferred to the Retired Reserve effective 24
April 2003 for medical reasons;

     c.  restoring his entitlement to annual VSI payments; and

     d.  retroactively paying to him any lost VSI payments which resulted
from the discharge action.




            ___Gail J. Wire______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101431                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040810                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |135.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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