IN THE CASE OF:
BOARD DATE: 7 February 2013
DOCKET NUMBER: AR20120011337
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 reinstatement of his voluntary separation incentive (VSI) payments.
2. The applicant states:
* the Department of Veterans Affairs lost his medical documentation and his reenlistment date expired
* he never received any paperwork until recently
* all VSI payments stopped
* he was told in order to get his VSI annuity reinstated he would have to get a Reserve affiliation
* he and his wife previously tried several times to get this situation resolved
* he tried to reenlist 15 years ago, but his medical documentation was never submitted to complete his reenlistment or it was lost
* he thought everything was complete
* he was surprised when his annuity was not posted to his bank account
* he made several inquiries to find out what was going on
* he was told he was no longer in the Individual Ready Reserve (IRR)
* he never received any documentation to that effect
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant reenlisted in the Regular Army on 22 July 1980 after completing 2 years, 11 months, and 25 days of active service. He served as an indirect fire infantryman and infantryman. He remained on active duty through continuous reenlistments. On 29 June 1992, he was honorably discharged under the Fiscal Year 1992 Enlisted Voluntary Early Transition Program under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 16-8, and transferred to the U.S. Army Reserve (USAR) Control Group (IRR). Based on his completion of 14 years, 11 months, and 3 days of active service, his VSI annuity was calculated as $6,755.46 annually for 30 years.
3. On 30 June 1992, he enlisted in the USAR for a period of 3 years and he reenlisted on 12 June 1995 for a period of 3 years.
4. His USAR discharge orders are not available. His VSI payments were apparently stopped after 1998.
5. The National Defense Authorization Act for Fiscal Year 1992 established voluntary incentive programs to support the Army drawdown. The VSI was one of the monetary benefits associated with this incentive program. Headquarters, Department of the Army, message, dated 281802Z January 1992, clarified issues associated with the VSI 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 continued to serve in the Ready Reserve. 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 which case the Soldier would be transferred to the Standby Reserve or the Retired Reserve.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was discharged from active duty in 1992 for VSI under the Fiscal Year 1992 Enlisted Voluntary Early Transition Program. He was transferred to the IRR as required in order to receive annual VSI payments. It is reasonable to presume he was fully aware that VSI recipients must maintain an active status to continue their Reserve affiliation and receive these benefits.
2. The governing regulation states VSI annual payments will be discontinued if the member is separated from the Ready Reserve.
3. It appears his term of service in the USAR expired in June 1998 and he did not reenlist. As a result, his VSI payments stopped.
4. His contention that he tried to reenlist 15 years ago and his medical documentation was never submitted or was lost was noted. However, there is no evidence of record and he provided no evidence to support this contention.
5. Based on the foregoing, there is an insufficient basis for granting the requested relief.
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 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) AR20120011337
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120011337
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