2.  The applicant requests, in effect, correction of his military records by showing that he reenlisted on 22 December 1994 for a period of 3 years in military occupational specialty (MOS) 95B with a selective reenlistment bonus (SRB)-0.5A.

3.  The applicant states that his retention NCO misinformed him of the number of years he would be required to reenlist for in order to receive the SRB for his MOS.  Although his reenlistment contract indicates that he was entitled to receive an SRB, he was subsequently informed that he would have had to reenlist for 3 years in order to qualify for the SRB.

4.  The applicant’s military records show that after serving 5 years, 11 months, and 23 days of total active service, he reenlisted on 22 December 1994 for a period of 2 years in the pay grade of E-4 in MOS 95B.

5.  His reenlistment contract indicates that he reenlisted for an SRB-0.5A with a 50 percent payment option.  However, because the applicant was serving in the pay grade of E-4 at the time, he could not reenlist for more than 2 years due to exceeding the retention control point for his pay grade (8 years).  Furthermore, SRB’s are only authorized for reenlistments of 3 or more years service in specified MOS’s. Consequently, the applicant was ineligible to receive an SRB-0.5A and was denied payment of an SRB

6.  The applicant was promoted to the pay grade of E-5 on 1 May 1996 and received assignment instructions transferring him to Germany with temporary duty en route to attend the working dog handlers course at Lackland Air Force Base, Texas from 8 December 1996 through 6 March 1997.

7.  Consequently, the applicant reenlisted on 2 August 1996 for a period of 3 years.  He was also required to extend his enlistment to 1 April 2000 in order to complete the service remaining requirements for an overseas tour.

8.  The Total Army Personnel Command (PERSCOM), in a comment to this Board, advised in effect, that the applicant was not properly counseled by the servicing retention NCO as to the reenlistment term required to qualify for payment of an SRB or of the provisions to request an exception to exceed the Retention Control Policy (RCP).  The PERSCOM opined that an exception to policy would have been granted in his case and recommended that his term of service be changed to 3 years and that he be authorized to receive an SRB-0.5A.

9.  Army Regulation 601-280 outlines the objectives of SRB program and establishes the zones of eligibility.  It states, in pertinent part, that the purpose of the SRB program is to offer an incentive for retention of soldiers in critical skills necessary to meet the needs of the Army which are subject to change.  It further states that Zone “A” applies to personnel who reenlist in critical MOS’s who have between 21 months and 6 years of active federal service (AFS).  Personnel in this zone must reenlist for a minimum of 3 years and have a total of 6 years of active service when the term of reenlistment is added to existing active service.

CONCLUSIONS:

1.  The applicant was properly reenlisted in the pay grade of E-4 and in the MOS of 95B.  However, he was improperly advised that he was entitled to an SRB at the time of his reenlistment, as indicated on his reenlistment contract.

2.  It is apparent that he reenlisted in good faith with the expectation of receiving his bonus entitlements.  However, because the applicant reenlisted for 2 years instead of     3 years, he did not meet the minimum requirement of reenlisting for a minimum of 3 years to qualify for payment of the SRB.

3.  Had the applicant been informed that he would not have been eligible to qualify for an SRB by reenlisting for only 2 years, he could have requested an exception to the RCP to be reenlisted for a period of 3 years so as to qualify for payment of the SRB.

4.  Through no fault of his own, the applicant has been denied a financial gain for which he would otherwise have been able to obtain.

5.  In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

	a.  by amending the 22 December 1994 reenlistment contract of the individual concerned to show that he reenlisted for a period of 3 years, with entitlement to an SRB-0.5A in MOS 95B; 

	b.  by voiding his 2 August 1996 reenlistment and the subsequent extension of that reenlistment of 13 September 1996 that extended his expiration of term of service to 1 April 2000; and

	c.  by allowing him to extend or reenlist to meet the service remaining requirement for his overseas tour upon his request as appropriate and in accordance with applicable regulations in effect at the time. 

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON