IN THE CASE OF:	  

		BOARD DATE:	  16 June 2009

		DOCKET NUMBER:  AR20080017783 


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 his discharge be revoked, that he be returned to a Ready Reserve status, and that his Voluntary Separation Incentive (VSI) payments be reinstated.  

2.  The applicant states he was discharged for failure to provide a military service obligation election form.  He never saw the paper work and believes that his wife may have inadvertently thrown it away.  He is willing to provide the necessary information and wishes to continue in the VSI program.

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the New York Army National Guard for 2 years, 5 months, and 20 days with a period of active duty for training from 19 June 1980 through 20 August 1980.

2.  On 22 May 1982, he accepted a commission as a second lieutenant in Army Reserve (USAR) while participating in the Reserve Officers' Training Corps (ROTC) program.

3.  He completed his ROTC training and entered active duty as a commissioned officer on 25 August 1984.

4.  On 1 August 1993, the applicant was released from active duty, as a captain, and transferred to the USAR Control Group (Reinforcement) Individual Ready Reserve (IRR) under the VSI program with entitlement to payments of $8,420.76 annually for 18 years. 

5.  Between October 1993 and October 2000, the applicant complied with the requirements for the VSI program by returning completed copies of his ARPC Form 3725 (Army Reserve Status and Address Verification), verifying his Reserve status, current address, and physical condition.

6.  The applicant's records were converted to the iPERMS (integrated Personnel Electronic Records Management System) files in 2001.  The iPERMS file shows the applicant was sent ARPC Forms 3725-E annually from 2001 through 2005.

7.  On 19 August 2005, the applicant was promoted to major with an effective date of 10 February 2005 and a date of rank of 31 October 1995.

8.  On 8 May 2006 he provided an updated address, phone number, and email address.

9.  The iPERMS file shows that an AHRC Form 3725-E was mailed on 20 October 2006 with a second letter being sent on 2 November 2006.

10.  The iPERMS file shows that because no response was received to either of the forms, the applicant was assigned to the USAR Standby Reserve (Inactive Status List) effective 27 December 2006.

11.  The iPERMS contact section shows that the applicant was honorably discharged effective 14 January 2008.  However, the actual discharge order is not recorded in either the iPERMS service or MPRJ permanent sections of his electronic record and the applicant did not provide a copy of his discharge order.

12.  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.  Headquarters, Department of the Army 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.

13.  Department of Defense (DOD) Financial Management Regulation, Volume 7A, Chapter 35, paragraph 350801, subparagraph F, states:  "The member must accept voluntary appointment…to the Ready Reserve of a Reserve Component and must continue to serve in a Reserve Component during the entire period of eligibility for VSI.  If the member does not continue to serve in the Ready Reserve, the VSI installments terminate on the date of separation from the Reserve Component or transfer to the Retired Reserve."  Exceptions are provided for 2-time non-selection for promotion, medical disability, age, or other involuntary reasons.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was discharged for failure to provide a military service obligation election form.  He never saw the paper work and believes that his wife may have thrown it away.  He is willing to provide the necessary information and wishes to continue in the VSI program.

2.  The applicant was separated from active duty on 1 August 1993 under the VSI program and was to receive $8,420.76 a year for 18 years.  A condition of receiving the VSI payments is to remain in an active status in the Ready Reserve.

3.  The applicant complied with the requirements for continuation in the VSI for over 14 years before the situation occurred which resulted in his transfer to an inactive status and his subsequent discharge.

4.  It is unreasonable to believe that an individual would voluntarily not respond to a simple request for information after having complied with the requirements for over 14 years, especially knowing that to do so would terminate his annual VSI annuity payments.

5.  In view of the circumstances, and in the interest of justice, the applicant’s status in the Individual Ready Reserve should be restored by:

	a.  voiding his 27 December 2006 transfer to the USAR Standby Reserve (Inactive Status List);

	b.  declaring the applicant's 14 January 2008 honorable discharge null and void;

	c.  reinstating the applicant in the Individual Ready Reserve in the grade of major without any loss of creditable service; 

	d.  restoring his entitlement to annual VSI payments; and

	e.  affording him retroactive payment of any lost VSI payments which resulted from the actions at issue.

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 of the Department of the Army records of the individual concerned be corrected by: 

	a.  voiding his 27 December 2006 transfer to the USAR Standby Reserve (Inactive Status List);

	b.  declaring the applicant's 14 January 2008 honorable discharge null and void;

	c.  reinstating the applicant in the Individual Ready Reserve in the grade of major without any loss of creditable service; 

	d.  restoring his entitlement to annual VSI payments; and

	e.  affording him retroactive payment of any lost VSI payments as a result of the above corrections.



      _______ _   _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)                                         AR20080017783





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ABCMR Record of Proceedings (cont)                                         AR20080017783



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