IN THE CASE OF:
BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140014347
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 from the United States Army Reserve (USAR) be voided and that he be transferred to the Retired Reserve and his Voluntary Separation Incentive (VSI) payments be resumed retroactively.
2. The applicant states that he reenlisted on 13 September 2007 for an indefinite period not to exceed age 60 and was told that he would be transferred to the Retired Reserve at age 60; however, when he did not receive his annual VSI payments he contacted officials at the VSI department and was told that he had not been transferred to the Retired Reserve and payments would not be made until such time as the issue was resolved.
3. The applicant provides copies of his Honorable Discharge Certificate, reenlistment contract and an internet article regarding VSI payments.
CONSIDERATION OF EVIDENCE:
1. The applicant was born in March 1953 and was serving on active duty in the Regular Army in the pay grade of E-7 when he was honorably discharged on 4 August 1992 under the provisions of Army Regulation 635-200, paragraph 16-8 and the Fiscal Year 1992 Enlisted Voluntary Early Transition Program and the VSI. He had served 17 years, 6 months and 20 days of active service. He was entitled to receive $10,525.73 each year for 35 years.
2. On 2 April 2013, U.S. Army Human Resources Command (HRC) at Fort Knox, Kentucky published orders D-04-305370 that honorably discharged the applicant from the USAR effective 2 April 2013.
3. The VSI Program was designed to support the Armys drawdown. Headquarters, Department of the Army 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. 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.
4. The National Defense Authorization Act of Fiscal Year 1992, to assist in maximizing voluntary separation during the drawdown period of military forces, established a separation incentive called the VSI. The VSI pays an annual annuity payment equal to 2.5 percent of the Soldiers annual basic pay at separation from the active Army multiplied by the Soldier's number of years of service and paid for twice the number of years the Soldier had served at the time of separation. Soldiers approved for VSI must be appointed, enlisted, or transferred to the Ready Reserve for the entire period that they receive VSI
annual payments. A VSI recipient must remain eligible for retention or reenlistment in the Ready Reserve by maintaining Army weight standards, completing a military physical examination every five years, keeping their residence address and phone number updated, and responding to all official written and telephonic correspondence. Enlisted VSI recipients must reenlist at the end of each term of service.
5. If the VSI recipient fails to remain eligible or reenlist, the Soldier will be separated from the Reserve and the VSI annual payments will be discontinued. 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. At age 60, the VSI recipients will automatically be transferred to the Retired Reserve and continue to receive annual VSI payments for the remaining period authorized for VSI.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his 2 April 2013 discharge from the USAR should be voided and that he should be transferred to the Retired Reserve and his VSI payments resumed has been noted and found to have merit.
2. The applicant reached age 60 on 12 March 2013 and should have been transferred to the Retired Reserve on that date because of age and his VSI payments should have continued to be paid.
3. However, it appears that an error occurred and he was erroneously discharged, which caused his VSI payments to stop.
4. Accordingly, his discharge of 2 April 2013 should be voided and he should instead be transferred to the Retired Reserve effective 12 March 2013 and his VSI payments should resume effective from that date.
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 voiding his 2 April 2013 discharge, transferring him to the Retired Reserve effective 12 March 2013, and resuming his VSI payments effective from that date.
_______ _ 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) AR20140014347
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ABCMR Record of Proceedings (cont) AR20140014347
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