RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 November 2006
      DOCKET NUMBER:  AR20060003871


      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:

|     |Mr. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 Voluntary Separation Incentive (VSI) payment.

2.  The applicant states, in effect, that he was discharged from active
duty under the provision of Army Regulation 635-200 (Personnel Separation),
Chapter  
6-18, in support of the Army drawdown.  He states that he volunteered for
the  
"FY92 Early Transition Program" but he was forced to be discharged after
being told he was not qualified for the program.  Also, he states that for
the past  
13 years he has asked for help in this matter but received none.

3.  The applicant provides a copy of DD Form 214 (Certificate of Release or
Discharge from Active Duty) and a copy of Department of the Army Message  
202100Z DEC 91, Voluntary Incentive Programs to Support Army Drawdown.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 23 January 1992, the date he was discharged from active duty
under the Enlisted Voluntary Early Transition Program.  The application
submitted in this case is dated 20 February 2006.

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 entered active duty on 4 February 1983.  He completed
basic combat training and advanced individual training, and was awarded the
military occupational specialty 52D1O (Power Generator Equipment
Repairman).

4.  DA Form 4187 (Personnel Actions), dated On 5 November 1991, shows that
the applicant requested early release from active duty.  His command
recommended approval of his request for early release as an exception to
policy with a projected separation date of 1 December 1991.



5.  On 23 December 1991, the applicant's request for early release as an
exception to policy was approved by the appropriate authorities.  On 23
January 1992, the applicant was honorably discharged from active duty for
the convenience of the government "FY92 Early Transition Program" after
serving  
8 years, 11 months, and 20 days of active service.

6.  Headquarters, Department of the Army Message 202100Z DEC 91, states, in
pertinent that to be eligible for the VSI the Soldier would have signed a
written agreement to accept an appointment, enlistment, or transfer to the
Ready Reserve.

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 he did not receive any VSI payment upon
separation.

2.  The applicant has not submitted any documentation, and his military
records do not contain any documentation that shows he voluntarily
requested an early release with VSI or SSB incentive pay.  In addition,
there is no evidence to show the applicant signed a written agreement to
accept enlistment or transfer to the Ready Reserve as a requirement for the
incentive pay.

3.  There is no evidence to show that the applicant was denied reenlistment
or continuation on active duty.

4.  The DA Form 4187, shows the applicant voluntarily requested early
release from active duty, and he did not request VSI.  Therefore, he is not
entitled to correction of his records to show entitlement to VSI.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 January 1992; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on  
22 January 1995.  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

____tmr__  ____clg_  ____pmt_  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.




                                  _________Curtis L. Greenway_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003871                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061114                                |
|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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