IN THE CASE OF:

          BOARD DATE:  15 October 2013
          DOCKET NUMBER:  AR20130003054


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 record to show he is eligible for a
$10,000.00 Prior Service Enlistment Bonus (PSEB).

2. He states he was told on 12 May 2010 he would be getting a $10,000.00 PSEB.  He signed the bonus addendum, and he was not told he was not eligible because he had 16 years of total service.

3. He provides:

* DD Forms 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) and related documents
* DD Forms 214 (Certificate of Release or Discharge from Active Duty)
* DA Forms 3340-R (Request for Reenlistment or Extension in the Regular Army)
* orders
* DA Forms 4836 (Oath of Extension of Enlistment or Reenlistment)
* National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836- Reenlistment/Extension Bonus Addendum - Army National Guard of the United States)
* Selected Reserve Incentive Program (SRIP)- U.S. Army Reserve (USAR) PSEB Addendum
* Certificate and Acknowledgment- USAR- Service Requirements and Methods of Fulfillment
* USAR Form 26-R (Pay Document- Transmittal Letter)
* USAR From 23-R (SRIP- Adjustment Certificate Worksheet)
* e-mail
* memorandum, subject: Exception to Policy for PSEB, [Applicant], dated 31 May 2011
* memorandum, subject: Exception to Policy, Request for PSEB
* [Applicant], dated 15 September 2012
* memorandum, subject: Exception to Policy for [Applicant], dated 3 December 2012

CONSIDERATION OF EVIDENCE:

1. The applicant served in the:  

* USAR Delayed Enlistment Program - 7 August- 26 October 1992
* Regular Army - 27 October 1992-4 March 2003
* Maryland Army National Guard - 5 March 2003 - 11 May 2010

2. On 12 May 2010, he enlisted in the USAR for a period of 6 years.  In conjunction with his USAR enlistment he signed an SRIP- USAR PSEB Addendum.  By signing the addendum he acknowledged, in part, he had less than 16 years of military service and he was enlisting for 6 years for a bonus of $10,000.00.

3. He provides, in part:

     a. a USAR Form 23-R and a USAR From 26-R, both dated 17 May 2011, showing his unit submitted a request for the PSEB to be paid.

     b. an e-mail, dated 20 May 2011, from a military pay technician at the USAR Pay Center, Fort McCoy, WI, who informed the applicant's unit administrator that the applicant's pay entry base date was 27 October 1992, and, based on the documents submitted, the applicant had 17 years, 6 months, and 15 days of service. She stated that, per policy, a Soldier must have less than 16 years of service to qualify for a PSEB. She stated only this Board could grant an exception to pay the bonus.

     c. a memorandum, subject: Exception to Policy for [Applicant], dated 3 December 2012, from the Acting Chief, Manning Division, Headquarters, U.S. Army Reserve Command, disapproving a request for an exception to policy to pay the applicant a $10,000.00 PSEB for his 6-year enlistment in the USAR.  The decision authority noted the applicant had more than 16 years of total military service when he enlisted in the USAR, and therefore he was not eligible for the PSEB.

4. Title 37, U.S. Code, Section 308i, provides the statutory authority for paying a
PSEB to qualified individuals. Among other provisions, it states that a bonus
may only be paid under this section to a person who has not more than 16 years
of total military service and received an honorable discharge at the conclusion of
all prior periods of service.

DISCUSSION AND CONCLUSIONS:

1. The applicant had more than 16 years of total military service when he signed an SRIP- USAR PSEB Addendum on 12 May 2010.  As a matter of law, he was not eligible for the PSEB, and there is no evidence of error in the decision to deny payment of the PSEB.

2. In view of the foregoing, there is no basis for correcting his record to show he is eligible for a $10,000.00 PSEB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  _______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _  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)                                         AR20130003054



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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