IN THE CASE OF:	  

		BOARD DATE:	      14 April 2009

		DOCKET NUMBER:  AR20080016715 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that her 14 December 2008 discharge be revoked and she be returned to the Individual Ready Reserve (IRR) with retroactive reinstatement of her entitlement to Voluntary Separation Incentive (VSI) benefits. 

2.  The applicant states, in effect, that she was not properly advised of all of the requirements for continuation in the VSI and did not receive the documentation necessary to continue to remain eligible for the program.  Her address on her DD Form 214 (Certificate of Release or Discharge from Active Duty) is incorrect (it should be Cary Chapel Road not Cariss Chapel Road) and she has moved twice since that time.  She believed that her records would be properly updated when she notified the VSI payment section at Defense Finance and Accounting Service (DFAS). 

3.  The applicant provides copies of U.S. Army Human Resources Command (USAHRC), St. Louis, MO, Orders D-01-801775, dated 14 January 2008; Honorable Discharge Certificate, dated 14 January 2008; DD Form 214 with an ending date of 1 September 1992; and an e-mail from the Defense Finance and Accounting Service (DFAS) to the applicant, dated 29 August 2008.






CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned a second lieutenant in the Adjutant General's Corps and entered active duty on 24 June 1982.  She was promoted to captain effective 1 March 1986.

2.  Headquarters, U.S. Army Military District of Washington, Fort McNair, Washington, D.C., Order 141-14, dated 22 July 1992, reassigned the applicant to the U.S. Army Transition Point, Fort Myer, VA.  These orders indicate that the Soldier was approved for VSI payment.  The only other information related to VSI pay is on her separation order in the form of a statement that relates to recoupment of pay if she were to subsequently qualify for retired or retainer pay.

3.  On 1 September 1992, the applicant was released from active duty in accordance with Army Regulation 635-100 (Personnel Separations – Officer Personnel), chapter 3, by reason of Voluntary Incentive Program - VSI.

4.  The applicant's DD Form 214 shows she was transferred to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve).  Block 18 (Remarks) shows she was to receive a VSI payment of $9,924.75 per year for 20 years.  Her mailing address after separation is listed as ---- Cariss Chapel Rd, Yorktown, VA.  There appears to have been an attempt to correct the road name on the form by overtyping the "I" with a "Y" but not to delete the "SS" at the end.

5.  The applicant's integrated Personnel Electronic Records Management System (iPERMS) record shows that between the date of her release from active duty and 2007, a number of pieces of correspondence, including ARPC Forms 3725-E (Army Reserve Status and Address Verification) and MSO letters were reportedly sent to applicant.  The record does not indicate if the applicant responded to any of these letters or if they were returned to the sender.

6.  The applicant's records appear to have been converted to the iPERMS system at some point in 2000.  The hard copy record is not currently available for the Board's review.  The following pertinent information is taken from the iPERMS files:

	a.  this record contains no documentation related specifically to the applicant's election to participate in the VSI or any ongoing requirements for continuation in the program;  

	b.  the general information section currently shows the applicant's address as ---- CARISS Chapel Rd, Yorktown, VA;

	c.  the Transactions History Section indicates that the applicant was e-mailed copies of an ARPC Form 3725-E in December 2000, 2001, 2002, 2003, 2004, 2005, and 2006.  Other documents are noted as being sent to the applicant via both e-mail and Postal Service mailings.  The record contains no e-mail 
addresses and there is no indication of what address these forms were sent to, if they were returned, or if the applicant responded to any of them.  The first indication of a no response to any correspondence was to the MSO letter sent on 18 September 2006.  Again no address is listed nor is there an indication of nonreceipt of a second, 2 November 2006 MSO letter; and

	d.  a 28 September 2008 contact entry provides the following:

"SM called about VSI payment and I informed her that she is in a discharge status because of non-compliance with MSO letter sent to her.  The system discharged her.  In order to receive VSI monies yearly the SM MUST stay in a good reserve status.  SM said that she never signed anything that said that she must stay in a good reserve affiliation.  SM said she knew that she was discharged but did nothing about it in January because she did not have to stay in to get her VSI.  I informed her that she was incorrect and she must stay in a reserve component.  I offered to send a DD Form 149 [Application for Correction of Military Records] to go to the ARBA [Army Review Boards Agency] board and SM stated that she would go online and get the form."

7.  On 19 August 2005, USAHRC, St. Louis notified the applicant she had been promoted to major effective 10 February 2005 with a date of rank of rank (DOR) of 27 August 2004.  This notice was sent to ---- Cariss Chapel Rd.

8.  A review of the applicant's pay records at DFAS shows she was in receipt of VSI payments between 1992 and 2007.  DFAS records also contain current and correct contact information.

9.  U. S. Army Human Resources Command - St. Louis orders dated 24 January 2008 discharged the applicant from the U. S. Army Reserve effective 14 January 2008 due to having failed to provide an MSO election.

10.  In email correspondence between the applicant and the staff of the Board, the applicant states that the address that is listed as her home of record (---- Cary Chapel Rd) is still the residence of her father and he forwards all mail that arrives at that address to her.  She is not aware of the existence of her iPERMS file, what it is, what is contained in it, or how to access it.  Prior to the information provided at the time she was disenrolled from the VSI program she did not have any idea of what the MSO letter was or that the requirements were to complete one annually.

11.  Army policy and the Department of Defense Military Pay and Allowances Entitlements Manual (DODPM), based on Public Law 102-190, 5 December 1991, as amended, prescribed the qualifications for entitlement to readjustment benefits for certain voluntarily separated members.  The VSI was one of the monetary benefits associated with that incentive program.  The voluntary incentive program was designed to support the Army's drawdown.  HQDA message, date/time group 281802Z January 1992, clarified issues associated with the VSI program via a question and answer format.  It stated that Soldiers approved for VSI will 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.

12.  Army Regulation 15–185 (Army Board for Correction of Military Records (ABCMR)), paragraph 2–9 (Burden of proof) state that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that she was not properly advised of all of the requirements for continuation in the VSI and did not receive the documentation necessary to remain eligible for the program.  This program was briefed extensively when it was implemented, to include briefings on the requirement to remain in the Ready Reserve.

2.  The crux of the problem in this case is whether or not the applicant kept the Army properly advised of her current mailing address.

3.  The applicant incorrectly assumed that her home address would be updated with her notification to DFAS; however, DFAS is an independent agency that does not have direct communications or access to Army records.

4.  While the applicant was obligated to keep the USAHRC, St. Louis informed of her current address, the evidence of record indicates that at least some of her information was being forwarded to the appropriate authorities but that information was not being updated in her records.  As of this point, despite the applicant notifying the proper authorities, her current contact address and the correct spelling of her father's address is still wrong.

5.  Her iPERMS file indicates that several MSO letter statements were generated but there is no indication that they were received by the applicant or that if they were not received, the Army properly followed up on the lack of entry of updated information.

6.  The applicant claims she was unaware of the existence of the current electronic records system and how to access it.  Combining the indications that the Army either had previously not properly followed up on updating required information and or tracking this Soldier with their failure to educate an IRR Soldier of the changes in record keeping and the existence of the IPERMS system, it is reasonable to assume that the applicant did not receive the previous correspondence related to keeping her status current.

7.  As a matter of equity, it would be appropriate to void the applicant's discharge and reinstate her in the USAR Control Group (IRR) and in the VSI program with retroactive payment to the date of her last payment.  It would also be appropriate to correct her records to show she completed an MSO election and elected to remain in the IRR.

8.  Further, it is recommended that the applicant contact the nearest Personnel Support Command to obtain information on the procedures to allow her access to her iPERMS records, as well as properly updating the contact information contained in the iPERMS and refamiliarizing her with the VSI requirements.

BOARD VOTE:

____X___  ___X ___  ___X ___  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 the applicant's 14 January 2008 discharge;
	b.  reinstating her in the USAR Control Group (Individual Ready Reserve); 

	c.  showing she completed an MSO election and elected to remain in the IRR; and

	d.  reinstating the applicant in the VSI program with retroactive entitlement to payment to the date of her last payment.



	__________X____________
 	        CHAIRPERSON

I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080016715



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ABCMR Record of Proceedings (cont)                                         AR20080016715



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