IN THE CASE OF:
BOARD DATE: 16 April 2013
DOCKET NUMBER: AR20120016200
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 in the Voluntary Separation Incentive (VSI) Program, effective 6 November 2007, the date he was discharged from the U.S. Army Reserve (USAR).
2. The applicant states he was not given any explanation for his discharge. He did everything that was asked of him and sent everything he was told to send.
3. The applicant provides copies of his 6 November 2007 discharge orders and on his 7 November 2001 reenlistment document.
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, a Regular Army sergeant (E-5) with approximately 15 1/2 years of active duty service was discharged, on 29 September 1992, under the Fiscal Year (FY) 92 Enlisted Voluntary Early Termination Program.
3. His separation orders noted that he was authorized VSI.
4. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was authorized $6944.16 per year for 30 years.
5. The applicant enlisted in the USAR for 6 years, on 12 August 1995, and reenlisted for 6 years, on 11 July 2001.
6. He was sent a U.S. Army Human Resources Command (AHRC) Form 3725-E (Army Reserve Status and Address Verification, dated 20 June 2006. Item 10 Reenlistment) states "I request to reenlist in the Individual Ready Reserve (Enlisted Only)." The applicant did not check that item. He signed the form, on 11 July 2006, and returned it.
7. On 6 November 2007, the applicant was separated from the USAR with an honorable discharge.
8. On 15 June 2012, the applicant called AHRC to inquire as to why he was not receiving VSI payments.
9. The Voluntary Incentive Program was designed to support the Armys drawdown. Headquarters, Department of the Army (DA) Message 281802Z, dated in January 1992, clarified issues associated with the voluntary separation incentive 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 continues to serve in the Ready Reserve (EMPHASIS ADDED). It also stipulated that VSI annual payments would 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was not given any explanation for his discharge. He did everything that was asked of him and sent everything he was told to send.
2. He did not do everything required of him. Separation under the VSI guidance clearly stated that in order to receive VSI he had to maintain affiliation with the Ready Reserve. The fact that he reenlisted in 2001 indicates he was aware of this requirement. His failure to check item 10 of the AHRC Form 3725-E indicates that he did not desire to reenlist.
3. The applicant was discharged because his enlistment had expired.
4. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
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) AR20120016200
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ABCMR Record of Proceedings (cont) AR20120016200
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