IN THE CASE OF: BOARD DATE: 17 March 2011 DOCKET NUMBER: AR20100016655 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 correction of his military records to show he received a $15,000 prior service enlistment bonus (PSEB). 2. The applicant states he was promised a PSEB when he reenlisted in the U.S. Army Reserve (USAR) for 6 years. At the time he was told his time in the Individual Ready Reserve (IRR) did not count towards his total time in service. Accordingly, his service was calculated at less than 16 years qualifying him for this bonus. By promising him this $15,000 bonus and then refusing, due to the Army's error, to pay him, his family has endured a significant financial hardship. 3. The applicant provides copies of his reenlistment contract, a letter he wrote to his Senator, a letter from the USAR to his Senator, and his orders for active duty in Afghanistan. CONSIDERATION OF EVIDENCE: 1. After having had prior service in the U.S. Air Force, on 23 February 2008 the applicant enlisted in the USAR. Section IV (Service Obligation), paragraph 2, of his enlistment contract, indicates that he enlisted under the prior service program for training in military occupational specialty 68W (Health Care Specialist). Paragraph 4 of this document authorized a PSEB of $15,000. 2. On 29 April 2009, the Deputy Chief of Staff, G-1 [Personnel Officer], USAR, informed the applicant's Senator that he was not authorized to receive the PSEB because he had completed more than 17 years of service at the time of the enlistment. If the applicant believed there was a breach of contract, he could elect to remain in his unit without the bonus, request to be discharged, or apply to the Army Board for Correction of Military Records for relief. 3. In the processing of this case, an advisory opinion was obtained from the Enlisted Accessions Division, Incentives and Budget Branch, Office of the Deputy Chief of Staff, G-1. The opinion clearly stated that the applicant had served a total combined period of service in excess of 16 years prior military service, making him ineligible to receive a PSEB. However, the error was clearly made during counseling by the recruiting officials. The opinion further advised the applicant's MOS 68W was eligible for a reenlistment bonus and recommended that he be granted alternative relief via a reenlistment bonus in the amount of $15,000. 4. On 30 December 2010, the applicant concurred with the advisory opinion. 5. Title 37, U.S. Code, section 308b (Special Pay: Reenlistment bonus for members of the Selected Reserve) provides the amount of a bonus under this section may not exceed $15,000.00. The bonus may be paid in either a lump sum or in installments. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his military records should be corrected to show he is entitled to receive a $15,000 PSEB because it was the Army's error. 2. The available evidence clearly shows that the applicant was erroneously counseled by recruiting officials resulting in the denial of his promised PSEB. 3. As a matter of equity, the applicant's records should be corrected to show he is authorized to receive a reenlistment bonus in the amount of $15,000, based on an MOS of 68W, in lieu of a PSEB of the same amount. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __X_____ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing entitlement to receive a reenlistment bonus in the amount of $15,000 based on MOS 68W; and b. paying him a $15,000 reenlistment bonus. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to authorizing a PSEB. _______ _ 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) AR20100016655 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100016655 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1