APPLICANT REQUESTS: In effect, that his records be corrected to show that he was entitled to receive a selective reenlistment bonus (SRB) as a result of his entry into and successful completion of the bonus extension and retraining (BEAR) program.
APPLICANT STATES: That he reenlisted on 7 October 1987 for training in military occupational specialty (MOS) 91C under the BEAR program and was informed at the time he reenlisted that he had to reenlist for the training because he could not extend his enlistment for a period of more than 30 months. Consequently, he was denied the payment of an SRB because he was serving in the pay grade of E-5 with more than one reenlistment. He goes on to state that he subsequently learned that his fellow classmates who attended the same training received an SRB upon completion of the training and that he had been improperly advised that he could not extend his enlistment vice reenlisting, which ultimately resulted in his being denied an SRB.
EVIDENCE OF RECORD: The applicant's military records show:
On 15 September 1987 the applicant submitted a request for Regular Army reenlistment based on his approved request for reclassification and approval to attend an Army service school for training in MOS 91C from 1 November 1987 through 14 December 1988. His request was approved by his commander on the same day.
He reenlisted in the pay grade of E-5 on 7 October 1987 for a period of 4 years with no bonus entitlements. This was his second reenlistment (applicant had 6 years, 3 months, and 1 day of total active service).
The applicant attended the 91C school and was awarded the MOS of 91C upon successful completion of the course on 14 December 1988.
On 4 October 1991 he was honorably discharged in the pay grade of E-5 under the provisions of Army Regulation 635-200, chapter 4, due to the expiration of his term of service. He had served 10 years, 3 months, and 1 day of total active service.
In the processing of this case, an advisory opinion (COPY ATTACHED) was obtained from the Total Army Personnel Command (PERSCOM). It opined, in effect, that the applicant attended training under a reclassification action and that he was not eligible for entry into the BEAR program due to his time in service. It further opined that the applicant, based on his time in service (over 6 years), was in zone B at the time he reenlisted for his training and that there was no bonus authorized for MOS 91C in zone B at that time or at the time he completed his training.
Army Regulation 601-280 outlines the objectives of the SRB program and establishes the zones of eligibility. It states, in pertinent part, that the purpose of the SRB program is to offer an incentive for retention of soldiers in critical skills necessary to meet the needs of the Army which are subject to change. It further states that Zone A applies to personnel who reenlist in critical MOSs who have between 21 months and 6 years of active federal service (AFS). Zone B applies to personnel with 6 to 10 years of AFS, and Zone C applies to personnel with 10 to 14 years of AFS.
Chapter 9 of that regulation provides policy and procedures for entry into the BEAR program. It states, in pertinent part, that the BEAR program allows eligible soldiers an opportunity to extend their enlistment for formal retraining in a shortage MOS that is presently in the SRB program and upon completion of retraining be awarded the new primary MOS, reenlist, and receive an SRB in the new MOS.
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(s), it is concluded:
1. The applicant was not eligible to reenlist under the BEAR program for training in MOS 91C due to his having over 6 years of service at the time he reenlisted and by virtue of there not being a bonus available for that MOS in zone B.
2. Consequently, the applicant was afforded the opportunity to request reclassification and training in MOS 91C without the benefit of receiving a bonus.
3. The applicants reenlistment contract dated 7 October 1987 shows no indication that he was promised a bonus or that his reenlistment was in conjunction with his entry into the BEAR program. However, his request for reenlistment clearly indicates that he had an approved request for reclassification with a confirmed school date at the time he requested reenlistment.
4. 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 the aforementioned requirement.
5. In view of the foregoing, there is no basis for granting the applicants 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
DENY APPLICATION
Karl F. Schneider
Acting Director
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