2. The applicant requests correction of his military records by showing that he reenlisted on 3 November 1995 for a period of 4 years in military occupational specialty (MOS) 13B with a selective reenlistment bonus (SRB)-1A.
3. The applicant states that his retention NCO miscalculated his service and thus misinformed him of the number of years he would be required to reenlist for in order to receive the SRB for his MOS. Although his reenlistment contract indicates that he was entitled to receive an SRB, he was subsequently informed that he would have had to reenlist for 4 years in order to qualify for the SRB. In support of his application he submits a statement from his retention NCO attesting to the error.
4. The applicants military records show that after serving 2 years, 4 months, and 17 days of total active service, he reenlisted on 3 November 1995 for a period of 3 years in the pay grade of E-4 in MOS 13B.
5. His reenlistment contract indicates that he reenlisted for an SRB-1A with a 50 percent payment option. However, the applicants total active service when added to the term of his reenlistment did not total a minimum of 6 years; therefore, he was ineligible to receive an SRB-1A.
6. The Total Army Personnel Command (PERSCOM), in a comment to this Board, advised in effect, that the applicant was eligible to reenlist for a 4-year period but was not properly counseled by the servicing retention NCO as to the reenlistment term required to qualify for payment of an SRB. It was recommended that his term of service be changed to 4 years and that he be authorized to receive an SRB-1A.
7. Army Regulation 601-280 outlines the objectives of 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). Personnel in this zone must reenlist for a minimum of 3 years and have a total of 6 years of active service when the term of reenlistment is added to existing active service.
CONCLUSIONS:
1. The applicant was properly reenlisted in the pay grade of E-4 and in the MOS of 13B. However, he was improperly advised that he was entitled to an SRB at the time of his reenlistment, as indicated on his reenlistment contract.
2. It is apparent that he reenlisted in good faith with the expectation of receiving his bonus entitlements. However, because the applicant reenlisted for 3 years instead of 4 years, he did not meet the requirement of having a minimum of 6 years of AFS when the period of reenlistment was combined with his total active service (he had 5 years, 4 months, and 17 days).
3. Had the applicant been informed that he would not have been eligible to qualify for an SRB by reenlisting for only 3 years, he could have requested to be reenlisted for a period of 4 years so as to qualify for payment of the SRB in Zone A.
4. Through no fault of his own, the applicant has been denied a financial gain for which he would otherwise have been able to obtain.
5. In view of the foregoing, it would be equitable and just to correct the applicants records as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by amending the 3 November 1995 reenlistment contract of the individual concerned to show that he reenlisted for a period of 4 years, with entitlement to an SRB-1A in MOS 13B.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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