RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 February 2007
      DOCKET NUMBER:  AR20060009688


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 he be given an antedated
reenlistment contract in the Individual Ready Reserve (IRR) of the United
States Army Reserve (USAR) in order to allow the reinstatement of his
Voluntary Separation Incentive (VSI) payments.

2.  The applicant states, in effect, he was discharged from the IRR and has
had no communication with the United States Army Reserve (USAR) officials
for at least the last two years.  He claims he never received a
reenlistment packet and was never briefed on procedures for reenlisting.
He further states the first communication he received was a notice of
discharge.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he served on active duty in
the Regular Army for 14 years and 10 days until being honorably separated
under the provisions of the Fiscal Year 1992 Enlisted Voluntary Early
Separation Program on 1 June 1992.  The DD Form 214 he was issued at the
time confirms he was authorized an annual Voluntary Separation Incentive
(VSI) payment of $7,129.08 for 28 years.  This document also shows that he
was transferred to the IRR based on his 2 June 1992 three year enlistment
in the USAR.

2.  United States Army Human Resources Command, St. Louis, Missouri
(HRC-St. Louis), Orders Number D-03-510470, dated 22 March 2005, directed
the applicant’s discharge from the USAR on that date.  The authority listed
in these orders was Army Regulation 135-178.

3.  A review of the Reserve Component (RC) Soldier Management System (SMS)
shows the applicant contacted HRC-St Louis on 14 June 2006, when he first
received his discharge.  He was advised to submit an application to this
Board and was provided an application.

4.  Department of Defense Military Pay and Allowances Entitlements Manual
(DODPM), based on Public Law 102-190, 5 December 1991, as amended,
prescribes the qualifications for entitlement to readjustment benefits for
certain voluntary separated members.  The VSI was one of the monetary
benefits associated with this incentive program.  The policy published to
support the military drawdown stipulated that members 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 that the member continued to serve
in the Ready Reserve.  It further stipulated that VSI annual payments would
be discontinued if the member was separated from the Ready Reserve, unless
the individual became ineligible to continue to serve due to medical or age
limitations.  In these cases, the member would be transferred to the
Standby Reserve or the Retired Reserve.

5.  Army Regulation 140-111 (USAR Reenlistment Program) prescribes
policies, responsibilities, and procedures for the USAR Reenlistment
Program.  Table 2-5 contains guidance on the reenlistment terms of service
authorized for continued USAR membership in the IRR.  It states, in
pertinent part, that terms of service for continued membership may be for
three, four, five or six years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was not properly counseled on his
options for reenlistment or the impact of his discharge was carefully
considered and found to have merit.  The evidence of record provides no
indication that the applicant was properly counseled regarding his
reenlistment options, nor was he properly informed that his discharge would
result in the cancellation of his VSI payments. This is evidenced by the
fact that within a short time after his discharge, he was trying to resolve
the issue and reenlist through HRC-St. Louis channels and ultimately by
application to this Board.

2.  The record further confirms the applicant served honorably on active
duty for over 14 years and was entitled to the VSI payments for 28 years
upon his separation from active duty in 1992.  It is unreasonable to
believe that he or any other individual would voluntarily accept a
discharge knowing that such an action would suspend his earned annual VSI
payments.

3.  In view of the facts of this case, absent proper counseling regarding
his options, it is concluded that it would be unjust to allow the
applicant's USAR discharge to stand given the impact it had on his
eligibility to continue to receive his earned VSI payments.  Thus, it would
serve the interest of equity and justice to void applicant’s 22 March 2005
USAR discharge and to correct his record to show he instead reenlisted in
the USAR, IRR, for six years on that same date provided he is otherwise
eligible, or by transferring him to the Retired Reserve that same date if
he is ineligible to continue to serve due to medical or age limitations.

BOARD VOTE:

___TSK _  __LCB __  __LMD__  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
voiding his 22 March 2005 discharge from the USAR; by providing him
antedated six year reenlistment contract in the IRR, effective 22 March
2005, if he is otherwise eligible or by transferring him to the Retired
Reserve if he is ineligible to continue to serve due to medical or age
limitations; by restoring his entitlement to annual VSI payments; and by
authorizing him retroactive payment of any lost VSI payments that resulted
from his discharge from the USAR.




                                  _____Ted S. Kanamine__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009688                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/02/27                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2005/03/22                              |
|DISCHARGE AUTHORITY     |AR 135-178                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  291  |128.0800                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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