MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 April 2003
	DOCKET NUMBER:   AR2002076563

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

	Mr. Carl W. S. Chun		Director	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Harry B. Oberg		Member	
	Mr. Ronald J. Weaver		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That he be paid a Regular Reenlistment Bonus (RRB).

APPLICANT STATES:  That he never received an RRB.  In support of his application, he submits:  copies of his DD Forms 214 (Report of Transfer or Discharge) for the periods ending 16 January 1973 and 7 January 1976; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 March 1988; copies of his DD Forms 4 (Reenlistment Contracts) for 17 January 1973, 13 August 1977, and 19 February 1987; and reenlistment orders (Special Orders Number 9), dated 12 January 1973.

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted into the Army of the United States for 2 years on 1 November 1971.  He served on active duty (AD) until honorably separated on 16 January 1973 for the purpose of immediate enlistment in the Regular Army on 17 January 1973.  He then served until he was honorably separated from active duty on 7 January 1976 and placed in the US Army Reserve (USAR) Ready Reserve.

The applicant served in the USAR Ready Reserve until 11 January 1984 when he was ordered to AD for 3 years as a staff sergeant.  He reenlisted for 3 years on 2 March 1984, and for 6 years on 9 February 1987.  He was honorably separated on 12 May 1988 in order to accept an appointment as a warrant officer.  He is currently serving on AD as a Chief Warrant Officer Four.

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 AD on that date will continue to be eligible to receive $2,000 over an entire 20-year career for reenlisting.  This payment may be made as an RRB, SRB, or combination of the two.  The regulation refers the reader to the DoDFMR for complete conditions of entitlement.

The DoDFMR states, in pertinent part, that an RRB may be paid to an enlisted member who was on AD on 1 June 1974, and who reenlisted within 3 months from the date of discharge or separation after 1 June 1974.

In the processing of this case, an advisory opinion was obtained from the United States Army Personnel Command, Office of the Retention Management Division, which opined that the applicant had failed to provide sufficient documentation indicating he has never received a RRB.  It was recommended that the applicant’s request be disapproved.  The applicant was provided a copy of this opinion for rebuttal.

On 30 September 2002, the applicant provided a letter to this Board indicating that he did not concur with the advisory opinion and reiterated that he had not received a RRB.  He also provided a copy of his DD Forms 4 (Reenlistment Contracts) for 17 January 1973, 13 August 1977, and 19 February 1987; and reenlistment orders (Special Orders Number 9), dated 12 January 1973 to support his case for payment of a RRB.  The applicant stated that none of these documents show payment of a RRB.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant was on AD on 1 June 1974; however, he was separated from AD on 7 January 1976 and did not reenlist in the RA until 2 March 1984.  According to the DoDFMR, he does not qualify for the RRB for the period 1 June 1974 to present.

3.  The applicant has not provided enough proof to permit the Board to make a favorable determination for paying the RRB for his enlistment on 17 January 1973.  

4.  While the applicant does not concur with the advisory opinion, the Board has carefully reviewed the applicant’s records and concurs with the advisory opinion in this regard.

5.  In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__wtm___  __hbo___  __rjw___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002076563	
SUFFIX		
RECON	 	
DATE BOARDED	20030417	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	112.1100	
2.		
3.		
4.		
5.		
6.