RECORD OF PROCEEDINGS


      IN THE CASE OF:    .


      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20050012271


      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             |
|     |Mr. G. E. Vandenberg              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald L. Lewy                |     |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, in effect, that his records be corrected to
show that:

      a.  he was transferred to the United States Army Reserve (USAR)
Control Group (Reinforcement) Individual Ready Reserve (IRR) not the
Retired Reserve on 6 August 2001;

      b.  he met the requirements for continuation of the Voluntary
Separation Incentive (VSI) annuity;

      c.  he remained in the IRR until the date of his total disability
rating from the Department of Veterans Affairs (VA);

      d.  he was transferred to the Retired Reserve effective 4 June 2004;

      e.  his Chronological Statement of Retirement Points be corrected to
reflect his status as a member of the IRR and that he be awarded membership
points for the periods in question; and

      f.  he is eligible for receipt of "Concurrent Pay."

2.  The applicant states, in effect, when he requested transfer to the IRR,
personnel incorrectly read the code "RE" for reinforcement as "RR" for
Retired Reserve.  This error resulted in him being incorrectly transferred
to the Retired Reserve, mobilized from the Retired Reserve, and upon
demobilization transferred to the Retired Reserve.  With these errors his
entitlement to receipt of the VSI annuity was placed on hold.

3.  The applicant provides copies of a 19 May 2005 United States (U.S.)
Army Human Resources Command Chronological Statement of Retirement Points;
a 15 April 2005, Department of Veterans Affairs (VA) award letter; a 12
April 2005, letter, Disabled American Veterans; a 1 May 2003, Headquarters,
Army Air Defense Artillery Center and Fort Bliss Letter Orders 121-0006; a
2 June 2003, DD Form 214 (Certificate of Release or Discharge from Active
Duty); 28 May 2002, Headquarters, U.S. Army Medical Department Center and
School and Fort Sam Houston Orders 148-853; 23 April 2002, U.S. Army
Reserve Personnel Command Orders M-04-200474; and 6 August 2001, 63rd
Regional Support Command Orders 01-218-034.



COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel did not present any additional arguments, contentions, or
documentation beyond that set forth in the application.

CONSIDERATION OF EVIDENCE:

1.  The issue of entitlement to concurrent pay is not within the purview of
this Board.  Questions related to this issue should be addressed to the VA
which is the agency responsible for award and management of that benefit.
Since this Board does not have jurisdiction over the issue it will not be
addressed further.

2.  The record shows the applicant enlisted in the United States Navy (USN)
on 29 July 1974.  He was honorably discharged from the USN on 2 September
1982 to accept a commission in the United States Navy Reserve (USNR) Nurse
Corps.

3.  The applicant served in the USNR as a commissioned officer for 3 years
and transferred to the U.S. Army Reserve (USAR) Nurse Corps on 7 September
1985.

4.  The applicant served in the USAR continuously with two extended periods
of active duty.

5.  Department of the Army (DA) Yongsan Transition Center, Orders Number
029-001, dated 29 January 1997, directed the applicant to proceed to the
U.S. Army Transition Center for the purpose of release from active duty
under the Fiscal Year 1997 Army Officer VSI program, effective 1 April
1997.

6.  The applicant was honorably released from active duty on 1 April 1997
under Army Regulation 600-8-24, paragraph 2-5, Early Release Program – VSI.
 He was transferred to the 349th Medical Hospital in a Ready Reserve
status.  He had a completed a total of 17 years, 8 months, and 27 days
active service.  He had also completed 5 years, 6 months, and 7 days of
inactive service.

7.  The applicant was promoted to major effective 27 May 1998.

8.  DA Form 4651-R (E), dated 24 June 1998 indicates the applicant had a
voluntary transfer to the Standby Reserve effective 29 August 1998.  The
authority and reason for transfer is listed as Army Regulation 140-10 (J5).
 The “J5” code establishes reassignment of a member of the Ready Reserve to
the Standby Reserve, upon fulfillment of the Ready Reserve obligation.

9.  A United States (US) Army Personnel Command, St. Louis, Missouri
memorandum, dated 18 February 1999 notified the applicant he had completed
the required years of service to be eligible to receive Retired Pay at Age
60 (known as a 20 Year Letter).

10.  A 17 January 2001 Request for Reserve Component Assignment or
Attachment indicates the applicant requested a voluntary transfer to the
Standby Reserve.  The authority and reason for transfer is listed as Army
Regulation
140-10 (J5).

11.  DA 63rd Regional Support Command Orders Number 01-218-034 reassigned
the applicant to the Retired Reserve, effective 6 August 2001.  The reason
noted was voluntary reassignment with an authority of Army Regulation 140-
10 (JG).  The “JG” code is used to indicate reassignment of members of the
Ready Reserve to the Retired Reserve upon completion of 20 or more years of
service in the Reserve.

12.  U.S. Army Reserve Personnel Command Orders Number M-04-200474, dated,
23 April 2002 recalled the applicant to active duty, from the Retired
Reserve, for a period of 365 days.

13.  A DD Form 214 issued on 2 June 2003 shows the applicant served on
active duty for 1 year and 3 days in support of Operation Enduring Freedom
and he was released and transferred to the USAR Control Group (Retired
Reserve).

14.  The DD Form 214, issued on 2 June 2003 contains several pertinent
items that are not completed, including his total periods of creditable
service and awards.  Item 18 (Remarks) indicates completion of missing
information was to have been accomplished and the applicant was to be
furnished a DD Form 215 (Correction to the DD Form 214).  The record does
not contain any indication this action has been completed.

15.  A 12 April 2005 letter from the Disabled American Veterans National
Service Officer in San Diego, California, notified the applicant of an
increase in his VA disability benefits.  The service officer noted the
applicant had been afforded a 30 percent disability evaluation with an
increase to 50 percent, effective 3 June 2003, to 70 percent, effective 22
August 2003, and to 100 percent, effective 4 June 2004.

16.  A 19 May 2005 Chronological Statement of Retirement Points shows the
applicant earned only membership points for the period 8 August 1999
through 6 August 2001.  The form shows he was in a retired status on 7
August 2001 with no points awarded and was in an USAR status from 30 April
2002 through 2 June 2003 with membership and active duty points awarded.
The last entry on this form shows he was in a retired status as of 3 June
2003 with no retirement points awarded.

17.  Public Law 102-190, National Defense Authorization Act for Fiscal Year
1992/1993 dated 5 December 1991, authorized the administration and payment
of separation incentive pay to certain mid-career service members of the
Armed Forces in over-strength specialties to encourage them to leave active
duty voluntarily so as to minimize involuntary separations and to shape the
force during the drawdown of the active force.  Specifically, an Army
officer on active duty on or after 5 December 1991 was eligible to apply
for voluntary separation under the provisions of Army Regulation 635-120 or
Army Regulation 635-100 and the Voluntary Separation Incentive Program
(VSIP) if that member met certain criteria.  Eligible members were not
automatically entitled to receive VSIP benefits solely based on their
request.  All applications for voluntary separation and VSIP benefits would
be reviewed and only those consistent with the needs of the Army would be
approved.  The VSIP consisted of two major monetary separation incentives,
the Voluntary Separation Incentive (VSI) and the Special Separation Benefit
(SSB).

18.  Soldiers approved for VSI must have been appointed, enlisted, or
transferred to the Ready Reserve for the entire period they received VSI
annual payments.  VSI annual payments would be discontinued if the Soldier
separated from the Ready Reserve unless he died, in which event the VSI
payments would continue to be paid to his designated beneficiaries for the
remaining period authorized or if he became ineligible to continue to serve
in the Ready Reserve due to medical or age limitations, in which case the
Soldier would be transferred to the Standby Reserve or the Retired Reserve
and he would continue to receive annual VSI payments for the remaining
period authorized.

19.  Those choosing the VSI were to receive an annual payment equal to 2.5
percent of their annual basic pay, multiplied 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 they received annual payments.
Initially (during Fiscal Year 1992), individuals who elected VSI and chose
to affiliate with the Selected Reserve (where members drill and receive
basic and/or drill pay) forfeited some or all of their VSI payment while
serving.  However, the Fiscal Year 1993 National Defense Authorization Act
amended section 1175 of title 10, United States Code by striking out the
provisions to forfeit VSI payments for periods served in the Selected
Reserve.

20.  VSI payments are subject to recoupment under the following situations:
 voluntary return to active duty for greater than 180 days; qualification
for, and receipt of, retired or retainer pay; or receipt of disability
compensation.

DISCUSSION AND CONCLUSIONS:

1.  The records show the applicant was approved for separation with
entitlement to a VSI effective 1 April 1997.

2.  On 17 January 2001 he requested transfer to the IRR.  The DA 63rd
Regional Support Command Orders 01-218-034 transferred him to the Retired
Reserve effective 6 August 2001.

3.  With his release from active duty, following the 2002 - 2003
mobilization, he was returned to the status from which he was officially
mobilized.  Since he was shown as being in the Retired Reserve at the time
of mobilization, he was transferred back to that component.

4.  While the specific Control Group of the Ready Reserve to which the
applicant was assigned may not have been the one he requested he would
still be entitled to receipt of VSI so long as he remains otherwise
eligible to be a member of the Ready Reserve.

5.  The record contains no documentation to indicate that the applicant
requested any change in his status that would remove him from the Ready
Reserve.

6.  Therefore, the applicant's records should be corrected to show he was
transferred to the USAR Control Group (Standby), effective 6 August 2001,
that he was mobilized in 2002, and that upon completion of this period of
mobilization, he was transferred back to USAR Control Group (Standby)
status, effective 3 June 2003, and that he remains in this status.

7.  Personnel who are under the VSIP may, but are not required to continue
to serve in a capacity whereby they drill and receive basic and/or drill
pay and appropriate Reserve retirement points.  By virtue of their status
under the VSI they are not required to earn any additional points but they
are still entitled to award of membership points.

8.  Therefore, it is appropriate to adjust his Chronological Statement of
Retirement Points to show his status between 6 August 2001 and 3 June 2004
as in the USAR Control Group (Standby).  His retirement points should be
adjusted to reflect the appropriate membership points based on this
correction in USAR status and continuation in the VSIP.

9.  The applicant is authorized receipt of VSI so long as he remains
eligible to be a member of the Ready Reserve.  While the applicant has
received a 100 percent disability evaluation from the VA, there is no
evidence that he has undergone any military evaluation to determine if
and/or when he no longer meets the requirements for continuation in the
Ready Reserve.

10.  Since the applicant has not undergone a military medical evaluation it
is not appropriate to show that he was placed in the Retired Reserve
effective 4 June 2004 as per his request.

11.  However, it is appropriate to have the Commander, Human Resources
Command (HRC), St. Louis direct the applicant to undergo a military medical
examination, for determination of fitness for retention.

12.  Upon completion of the medical determination of fitness for retention,
the Commander, HRC, St. Louis should ensure assignment to the proper
Control Group or Retired Reserve.

13.  Additionally with the request to be transferred to the Retired Reserve
based on a VA disability evaluation, the applicant should be counseled as
to the effect of this election, and his options as they relate to his
entitlement to VSI, retired pay, and both military and VA benefits
elections.

14.  As a result of the above corrections showing a continuation in the VSI
program, Defense Finance and Accounting should audit the applicant's pay
records and pay him any VSI annuity to which he is entitled between
6 August 2001 and the current date.

15.  Further, since there is no indication that the applicant was issued a
DD Form 215 to complete the 3 June 2003 DD Form 214, the applicant's
records should be reviewed and HRC, St. Louis correct any deficient
entries.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__AM___  __DLL  __  __WFC__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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

      a.  he was a member of the USAR Control Group (Standby) from 6 August
2001 through 29 May 2002;

      b.  he was mobilized from the USAR Control Group (Standby) on 30 May
2002 and served on active duty until 3 June 2003;

      c.  he was released from active duty on 3 June 2003 and transferred
to the USAR Control Group (Standby);

      d.  he is authorized any VSI payments accruing as a result of the
corrections in his status; and

      e.  he earned Reserve membership retirement points for these periods
based on his corrected status and entitlements under the VSI program.

2.  Additionally, the Board recommends that the Commander, HRC, St. Louis:

      a.  direct the applicant to undergo a military medical examination
for determination of fitness for retention and upon completion, he be
assigned to the proper Control Group or Retired Reserve with VSI
entitlement as appropriate.

      b.  counsel the applicant concerning all of the consequences,
options, and benefit elections as they relate to the above noted
corrections.

      c.  review the applicant's records and the entries omitted from the 3
June 2003 DD Form 214 be verified and the applicant issued the appropriate
documentation of the corrections.

3.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
showing the applicant was transferred to the Retired Reserve effective
4 June 2004.




                                  __ William F. Crain_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050012271                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |112                                     |
|3.                      |135                                     |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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