2. The applicant requests correction of his military records by amending his 12 December 1995 reenlistment contract to show that he reenlisted on 9 January 1996 for a period of 6 years instead of 4 years.
3. The applicant states, in effect, that he contacted his assignment manager at the Total Army Personnel Command (PERSCOM) in regards to a reassignment to Okinawa and the status of the proposed reinstatement of a selective reenlistment bonus (SRB) and proficiency pay for his military occupational specialty (MOS). He goes on to state that he was informed that the reassignment was possible if he reenlisted. He was also informed that SRBs would go into effect in January 1996. He then notified his retention NCO that he wanted to reenlist on 9 January 1996 prior to his tenth year of service. However, on 28 November 1995, he was informed by his retention NCO that he must reenlist no later than 25 December 1995 or face a bar to reenlistment. He goes on to state that he inquired as to what he would have to do to request a waiver to reenlist under the 90-day window and was informed that it would be in his best interest to not count on getting a waiver because he probably would not get it. Consequently, he reenlisted on 12 December 1995, under the duress of being barred to reenlistment, only to discover later that not only had an SRB been authorized for his MOS on 1 January 1996, but that he could have requested a waiver, and in all likelihood, it would have been approved. In support of his application he submits a statement from his commander attesting to the information provided by the retention NCO regarding his need to reenlist prior to 25 December 1995 or face a bar to reenlistment.
4. The applicants military records show that he originally enlisted on 10 May 1984 and served until 5 February 1990 when he was honorably discharged in the pay grade of E-5. He had served 5 years, 8 months, and 26 days of total active service.
5. On 25 November 1991, the applicant enlisted in the pay grade of E-4, for a period of 3 years under the special forces candidate enlistment option. He was promoted to the pay grade of E-5 on 9 July 1993 (upon graduation from the special forces qualification course). He subsequently extended his enlistment on 3 December 1993 for the purpose of meeting the service remaining requirements for reassignment. His new expiration of term of service was 24 March 1996. He was promoted to the pay grade of E-6 on 1 February 1995.
6. The applicant reenlisted on 12 December 1995 for a period of 4 years with no bonus entitlements.
7. In the processing of this case an advisory opinion was obtained from the Retention Management Division of the PERSCOM. It opined, in effect, that a SRB-1B had been authorized for the applicants MOS on 1 January 1996 and had the applicant applied for a waiver to reenlist under his 90-day window, an exception would have been granted. The PERSCOM recommended that his request be approved.
8. 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.
9. Paragraph 2-26 of that regulation governs the procedures for requesting waivers or exceptions to reenlistment policy. It states, in pertinent part, that the approval authority for waivers/exceptions to reenlistment policy is the Retention Management Division of the PERSCOM. It goes on to state that personnel are not authorized to reenlist outside of their normal reenlistment window (less than 90 days prior to their scheduled expiration of term of service) without PERSCOM approval unless they are reenlisting to meet a service remaining requirement.
CONCLUSIONS:
1. The applicant was properly reenlisted on 12 December 1995 in the MOS of 18E. However, he was not properly advised that he could have requested a waiver to delay his reenlistment so as to qualify for a SRB.
2. Had the applicant been so informed that he could delay his reenlistment as he had originally requested, he could have qualified for a SRB in his MOS.
3. It is reasonable to presume that the applicant would have reenlisted for 6 years in order to maximize his entitlements, had he known he was eligible for a SRB.
4. Through no fault of his own, the applicant has been denied a financial gain for which he otherwise would 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 12 December 1995 reenlistment contract of the individual concerned to show that he reenlisted on 9 January 1996 for a period of 6 years, as an exception to policy, with entitlement to an SRB-1B in MOS 18E.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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