2.  The applicant requests that he be paid the enlistment bonus he was promised.

3.  The applicant states that he completed a Selected Reserve Incentive Program (SRIP) bonus addendum in conjunction with his enlistment.  However, finance would not pay his bonus because neither his unit nor his military occupational specialty (MOS) were on the list of approved skills or units at the time of his enlistment.

4.  His military records show that he enlisted in the USAR for 8 years with no prior service on 17 November 1994.  At that time he completed a $2,000.00 cash bonus addendum for enlisting for a bonus MOS.  He completed his initial active duty for training and was awarded the military occupational specialty of 92Y, unit supply specialist.

5.  Army Regulation l35-7, paragraph 2-3, authorizes a SRIP bonus for nonprior service Reservists who enlist in either a critical MOS or a critical unit, as designated by the Department of the Army.  This paragraph required that a Reservist execute a DA Form 5261-R, Selected Reserve Incentive Program - Enlistment Bonus Addendum, at the time of his or her enlistment. 

CONCLUSIONS:

1.  The applicant’s MOS was not on the list of SRIP eligible MOS’s at the time of his enlistment.

2.  However, it is reasonable to presume that the applicant was at least in part induced to enlist by the promise of a cash bonus.  That promise was made in writing by an official who was representing the Army at the time.

3.  Although the Army is not bound by the actions of its agents when those actions are in contravention with existing regulations or policy, it is not fair or equitable to renege on a commitment made to a soldier, especially when that commitment persuaded the soldier to enlist.

4.  In view of the foregoing the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is entitled to a $2000.00 SRIP skill bonus, as written in his DA Form 5261-R on 17 November 1994, as an exception to policy.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON