PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            23 January 2003
	DOCKET NUMBER:   AR2002074734

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Patrick H. McGann, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be paid a Regular Reenlistment Bonus (RRB).

3.  The applicant states that he was on active duty on 1 June 1974 and has never received a reenlistment bonus from either the Army or the Navy.  He further states that in discussion with a retention noncommissioned officer (NCO) he was informed that he met the criteria for a RRB.

4.  The applicant’s military records show that he initially enlisted in the Navy on 29 November 1971 and served until he was honorably released from active duty on 26 May 1976, when he was transferred to the Naval Reserve Control Group.  On 30 September 1986, he enlisted in the Regular Army for a period of 4 years, training as a cardiac specialist and assignment to Health Services Command.  On 2 August 1989, while serving in the pay grade of E-5, he reenlisted for a period of 3 years.  This was the first period of service in which he qualified for a RRB.  His reenlistment contract indicated that he had no bonus entitlement.  He again reenlisted on 11 December 1991 for a period of 4 years and again had no bonus entitlement.  On 5 March 1993, he reenlisted for a period of 4 years, with no bonus entitlements.  He was promoted to the pay grade of E-6 on 1 August 1995 and on 4 December 1996, he reenlisted for a period of 4 years, with no bonus entitlement.  He was promoted to the pay grade of E-7 on 1 April 2000 and on 31 May 2002, he was honorably released from active duty and was placed on the Retired List effective 1 June 2002.  He had served 20 years, 2 months and 22 days of total active service.

5.  A review of all of the applicant’s Army enlistment and reenlistment documents fails to show any bonus entitlements.  Additionally, he would not have been eligible for an RRB during his active service in the Navy.

6.  Army Regulation 601-280 establishes policy and procedures for the Total Army Retention Program.  It states, in pertinent part, that effective 1 June 1974, the use of the RRB was terminated.  However, each soldier on active duty on 1 June 1974 will continue to be eligible to receive at least $2,000.00 for reenlisting (RRB, Selective Reenlistment Bonus, or combination of both) during an entire 20-year career.   

7.  The Department of Defense Military Pay and Allowances Entitlements Manual prescribes the basic conditions for entitlements to the RRB.  It states, in pertinent part, that the RRB applies to members who were on active duty on 1 June 1974 and who thereafter reenlist within 3 months of being discharged (continuous service is not required).

CONCLUSIONS:

1.  The applicant was on active duty on 1 June 1974, the initial date necessary to qualify for payment of the RRB.

2.  The applicant, after completing his enlistment of 30 September 1986, reenlisted on 2 August 1989 for a period of 3 years, while serving in the pay grade of E-5.  This was the first period of service in which he qualified for a RRB.

3.  He remained on active duty through a series of continuous reenlistments and there is no evidence on any of his contracts to show that he was ever entitled to receive any type of bonus.

4.  In the absence of evidence to show that he did in fact receive a bonus and in light of the fact that he was eligible to receive the RRB, the applicant should be paid the RRB beginning with his 3-year reenlistment on 2 August 1989 and any subsequent reenlistments, until such time as his RRB entitlements are exhausted. 

5.  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 was entitled to receive a RRB beginning with his 2 August 1989 reenlistment of 3 years.

BOARD VOTE:  

__gw____  ___pm __  __kan___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Kathleen A. Newman___
		        CHAIRPERSON

INDEX

CASE ID	AR2002074734	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/01/23	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  288	128.0500/RRB	
2.		
3.		
4.		
5.		
6.