IN THE CASE OF:	  

		BOARD DATE:	  30 April 2015

		DOCKET NUMBER:  AR20140014285 


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 records to show he is authorized to retain his Enlistment Affiliation Bonus (EAB).

2.  The applicant states he completed the service, but has not received the bonus.

3.  The applicant provides:

* DA Form 3540-R (Certificate and Acknowledgement of U.S. Army Reserve (USAR) Service Requirements and Methods of Fulfillment)
* Written Agreement – EAB Addendum
* discharge orders

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR on 10 February 2006 for 8 years under the Delayed Entry Program (DEP).  He was discharged from the USAR DEP for immediate enlistment in the Regular Army on 14 March 2006.  He enlisted in the Regular Army on 15 March 2006 for 4 years and 22 weeks.  On 7 January 2010, he extended his enlistment for a period of 13 months.  He was honorably released from active duty on 16 September 2011.

2.  On 12 September 2011, he enlisted in the USAR.  His EAB Addendum shows he enlisted for a bonus in the amount of $5,000.00.  Section IV (Obligation) of this addendum states, "I understand and hereby acknowledge that I must satisfactorily serve for the period stated in Section V of this agreement in a USAR unit."

3.  Section V (Entitlement) of this addendum states, "I am eligible for an Affiliation Bonus by affiliating from AD [active duty], Individual Ready Reserve (IRR) status, or as a Prior Service applicant into a(n) USAR Selected Reserve unit for 3 years in the amount of $5,000.00."

4.  On 9 February 2014, he was honorably discharged from the USAR.

5.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Manning Division, USAR Command, Fort Bragg, NC.  The advisory official recommended denial of the applicant's request.  The opinion stated:

	a.  The applicant entered the USAR on 12 September 2011 from the Active Component.  Under the terms of the EAB Written Agreement, sections IV and V, he was obligated to serve 3 years in the USAR to be eligible for the EAB.

	b.  The applicant separated from the USAR on 9 February 2014, failing to reenlist for 1 year to meet the required 3-year USAR obligation.

	c.  The applicant completed 2 years and 5 months of service in the USAR.  Therefore, he did not meet the contractual obligation to receive the EAB.

6.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  He did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms:

* the applicant entered the USAR on 12 September 2011 from the Regular Army
* he contracted for an EAB in the amount of $5,000.00
* under the terms of his EAB Addendum he was obligated to serve 3 years in the USAR to be eligible for the EAB
* he was honorably discharged from the USAR on 9 February 2014

2.  He signed a contract that clearly stated he understood he must satisfactorily serve for 3 years in the USAR to be eligible for the EAB.

3.  Since he violated his EAB Addendum contractual obligation by not serving 3 years in the USAR, there is no basis for granting the applicant's request.

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 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)                                         AR20140014285



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ABCMR Record of Proceedings (cont)                                         AR20140014285



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