IN THE CASE OF:
BOARD DATE: 10 August 2010
DOCKET NUMBER: AR20100008728
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 correction of his military records to show entitlement to Voluntary Separation Incentive (VSI) and that he be reimbursed for payments not received in 2008 and 2009.
2. The applicant states he did not receive his VSI payments for the years of 2008 and 2009. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he is entitled to receive VSI payments for 28 years.
3. The applicant provides, in support of his application, copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), discharge orders, and payment voucher for VSI.
CONSIDERATION OF EVIDENCE:
1. The applicant served as a member of the Active Guard Reserve (AGR) from 14 February 1983 to 19 August 1994. He was released from active duty under the provisions of Army Regulation 635-200, paragraph 16-8, for the purpose of participating in the early release program and to receive a VSI payment for a period of 28 years.
2. Orders D-06-712470, U.S. Army Human Resources Command, St. Louis, Missouri, dated 5 June 2007, discharged the applicant from the U. S. Army Reserve (USAR), effective the same day.
3. The National Defense Authorization Act for Fiscal Year 1992 established voluntary incentive programs to support the Army drawdown. These incentive programs were designed to induce members of the Armed Forces to leave the military voluntarily. Under the VSI, qualifying service members who voluntarily left active duty before their retirement vested received benefits based on their salary and years of service at the time of separation. In order to qualify, a Soldier must have served on active duty more than 6 but less than 20 years; have served at least 5 years of continuous active duty immediately preceding the date of separation; if a Reserve, be on the active duty list; and meet such other requirements as the Secretary could prescribe from time to time, which could include requirements relating to years of service; skill or rating; grade or rank; and remaining period of obligated service.
4. The VSI was an annual annuity payment equal to 2.5 percent of the Soldiers annual basic pay multiplied by his years of service and the Soldier was paid for twice the number of years served. Soldiers approved for VSI must have been appointed, enlisted, or transferred to the Ready Reserve for the entire period they received VSI annual payments.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military records should be corrected to show entitlement to VSI and that he be reimbursed for payments not received in
2008 and 2009.
2. The available evidence clearly shows the applicant was discharged from the USAR in June 2007. In the applicant's case, he was entitled to receive VSI payments for a period of 28 years, as long as he remained in the USAR. When he was discharged from the USAR, he no longer qualified and the payment was stopped.
3. The applicant has not provided any explanation for his discharge.
4. In view of the above, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ _____X_ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_______ _ 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) AR20100008728
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100008728
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080017900
IN THE CASE OF: BOARD DATE: 24 March 2009 DOCKET NUMBER: AR20080017900 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his U.S. Army Reserve (USAR) discharge orders, dated 14 January 2008, be revoked and that he be transferred to the Individual Ready Reserve (IRR) effective 14 January 2008. The evidence of record shows the applicant was released from active duty in 1996 under the Early Release Program for VSI.
ARMY | BCMR | CY2010 | 20100018319
The applicant provides: * message with endorsements pertaining to his request for unqualified resignation, dated 9-31 March 1992 * DD Form 214 for the period ending 1 June 1992 * letter from the Defense Finance and Accounting Service, dated 28 December 1992 * Notification of Eligibility for Retired Pay at Age 60 memorandum, dated 2 July 2003 * memorandum for record, dated 9 November 2006 * request for Contingency Operations Temporary Tour of Active Duty (COTTAD) memorandum, dated 23 January...
ARMY | BCMR | CY2008 | 20080017783
Application for correction of military records (with supporting documents provided, if any). 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. 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...
ARMY | BCMR | CY2011 | 20110016091
She got a physical, reenlisted, and received her payment. d. in 2001, she got a physical, reenlisted, and received her payment. Evidence shows she contacted that office requesting to reenlist in the IRR 4 months after she was discharged in April 2006.
ARMY | BCMR | CY2014 | 20140011496
It does not appear from the record that DFAS is withholding VSI payments because the applicant is now receiving VA disability compensation. The statute authorizing disability severance pay provides that, "the amount of disability severance pay received under this section shall be deducted from any compensation for the same disability to which the former member of the armed forces or his dependents become entitled under any law administered by [VA]." However, the DFAS determination as to...
ARMY | BCMR | CY2010 | 20100021404
The additional instructions in these orders state: "You will be discharged or transferred to the Retired Reserve (If eligible) one (1) year from the effective date of this order unless you provide the MSO election form requesting to remain in the IRR. It would further be appropriate to correct her record to show she made a timely MSO election to remain in the IRR on 18 September 2006 and by reinstating her VSI payments accordingly. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2009 | 20090021208
The applicant requests correction of his military records to show that he is entitled to voluntary separation incentive (VSI) payments based on his 3 years of service in the U.S. Army Reserve (USAR). On 19 June 2001, the applicant reenlisted in the USAR for 6 years. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding his discharge from the USAR on 24 June 2008, b. permitting him to reenlist in the USAR providing...
ARMY | BCMR | CY2010 | 20100007159
The applicant requests, in effect, reinstatement in the U.S. Army Reserve (USAR) so he may continue to receive Voluntary Separation Incentive (VSI) payments. The DD Form 214 issued to the applicant at the time of his discharge shows in item 18 (Remarks) that he was entitled to 35 annual VSI payments of $10,286.40. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by voiding his October 2008 discharge orders, showing he was...
ARMY | BCMR | CY2011 | 20110003685
The applicant was discharged from the USAR on 22 August 2008. If a VSI recipient becomes ineligible to continue to serve in the Ready Reserve, through no fault of his or her own, the Soldier will be transferred to the Retired Reserve and continue to receive annual VSI payments for the remaining period authorized for VSI. Army Regulation 601-280 (Army Retention Program), chapter 7, in effect at the time stated that Soldiers without a Military Service Obligation enlisting or transferring...
ARMY | BCMR | CY2001 | 2001059910C070421
The applicant requests that he be reinstated in the U. S. Army Reserve (USAR) Control Group (Reinforcement) Individual Ready Reserve (IRR) as a captain and that his Voluntary Separation Incentive (VSI) program benefits be restored. At the same time, the applicant stated that he also received a letter from the Army Reserve Personnel Command (AR-PERSCOM) informing him that he could request resignation. As a matter of justice and exception to policy, his 9 September 1998 discharge from the...