RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 June 2006
      DOCKET NUMBER:  AR20050015799


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Richard G. Sayre              |     |Member               |
|     |Mr. Chester A. Damian             |     |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 Voluntary Separation Incentive (VSI)
be reinstated.

2.  The applicant states that in 1992 he was separated by a memorandum of
instructions and 3 years later the Army publishes a regulation that changed
the VSI program.  He says he was told that in order for him to maintain
eligibility for the VSI payments, he would have to spend 3 years with the
active Reserve.  He says if he was informed that he had to reenlist every 6
years, he would have stayed on active duty.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 August 1997, the date he last received his Voluntary
Separation Incentive (VSI) payment.  The application submitted in this case
is dated  
10 February 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 12 February 1980 with
prior active service, completed basic combat training and advanced
individual training, and was awarded the military occupational specialty
76V10 (Material Storage and Handling Specialist).

4.  On 5 August 1992, the applicant enlisted in the Army Reserve for
3 years.  He executed this contract to establish eligibility for VSI
payments when he was discharged from the Regular Army on 04 August 1992.
His first payment was recorded for the amount of $7694.17.


5.  In the processing of this case, an advisory opinion was obtained from
the Human Resources Command (HRC), St. Louis, Missouri.  The HRC stated
that the applicant "selected the VSI option which obligated him to remain
in the Ready Reserve for as long as the individual receives the VSI, unless
removed for age or physical disqualification."  The HRC adds that there is
nothing in the applicant's records showing he was told he only had to
remain in the U.S. Army Reserve for 3 years.  The HRC stated that the
applicant was erroneously separated and transferred to the Retired Reserve.
 Those orders were amended and he was placed in the Individual Ready
Reserve (IRR).

6.  In order for the applicant to remain eligible for the VSI payments, he
had to reenlist in the Ready Reserve.  However, he was overweight, which
precluded him from reenlisting.  On 10 August 1999, 13 September 1999, 13
August  
2001, and 5 November 2003 the applicant was advised that his VSI option
obligated him to remain in the Ready Reserve to receive payments.  The
applicant was eventually told by HRC that they could no longer authorize an
antedated reenlistment for him since it had been several years since his
discharge.

7.  Army policy and the Department of Defense Military Pay and Allowances
Entitlements Manual (DODPM), based on Public Law 102-190, dated 5 December
1991, as amended, prescribes the qualifications for entitlement to
readjustment benefits for certain voluntarily separated members.  The VSI
was one of the monetary benefits associated with this incentive program.
The voluntary incentive program was designed to support the Army's
drawdown.  HQDA 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 continues to serve in the Ready Reserve.  VSI
annual payments will be discontinued if the member is separated from the
Ready Reserve unless the individual becomes ineligible to continue to serve
due to medical or age limitations in which case the soldier will be
transferred to the Standby Reserve or the Retired Reserve.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his VSI payment should be reinstated
because he was not told that he had to reenlist every 6 years.

2.  The applicant has not submitted any documentation, and his military
records do not contain any documentation, which shows the applicant was
told he only had to remain in the Ready Reserve for 3 years to continue to
receive VSI payments.

3.  The applicant was given numerous opportunities to meet weight standards
to become eligible for reenlistment.  His reenlistment in the Ready Reserve
would have made him eligible for reinstatement of his VSI payments.  Every
soldier has a responsibility to manage his or her own career.  The
applicant failed to maintain his eligibility to reenlist.  This is the most
basic responsibility of an enlisted soldier at his pay grade.

4.  It would be improper for the Board to use its authority as a substitute
for the applicant’s lack of initiative.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 August 1997; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on  
3 August 2000.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____lds__  ___rgs__  ____cad__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.




2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ________Linda D. Simmons________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015799                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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