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Decision Text

ARMY | BCMR | CY1996 | 9605810C070209
Original file (9605810C070209.TXT) Auto-classification: Approved
2.  The applicant requests that he be paid a bonus for his 17 September 1989 reenlistment.

3.  He states that he completed all the forms that the officer which was processing his reenlistment directed him to complete.  Any omissions on those forms were not his fault and should not be held against him.

4.  In support of his application he submits documentation which was generated in an attempt to get the applicant his bonus.  In that correspondence, the applicant explained that he had been informed of a vacancy in a nearby reserve unit which had upward mobility potential and was bonus eligible.  In order to occupy that vacancy and receive the bonus, he enrolled and completed the school for the new military occupational specialty (MOS), extending his enlistment twice.  He then outlines the errors which occurred in the processing of his reenlistment, errors which ultimately led to his being denied his bonus.

5.  The applicant’s military records show that while assigned to a reserve unit in pay grade E-5, on 28 February 1988 he extended his enlistment for 1 year, giving him a new expiration of term of service (ETS) of 1 April 1989.

6.  Subsequently, on 30 January 1989 he again extended his enlistment, that time for 7 months, giving him a new expiration of term of service (ETS) of 1 November 1989.

7.  On 1 March 1989 he was transferred to another reserve unit in a position which required an MOS which was bonus eligible. 

8.  On 10 August 1989 he was awarded the MOS which was bonus eligible.

9.  On 17 September 1989 he reenlisted for 6 years.

10.  Army Regulation l35-7, paragraph 4-2, authorizes a reenlistment bonus for members of reserve units who had at least 6, but not more than l0 years of total military service at the expiration of their term of service (ETS), and who reenlisted within 3 months before or 24 hours after their ETS.  A bonus was authorized for reenlistment in either a critical MOS, or a critical unit, as designated by the Department of the Army.  One half of the bonus was to be paid at the time of reenlistment, and the remainder would be paid in six additional annual installments. 

CONCLUSIONS:

1.  The applicant’s contention that he had planned to reenlist for a bonus is well supported by his record.  While attending training to qualify for award of the bonus MOS, he extended his enlistment.  If he had reenlisted prior to being awarded the bonus MOS, he would not have been eligible for a bonus.

2.  Since the applicant was obviously intending to reenlist for a bonus and his MOS was eligible for a bonus when he reenlisted, the Board accepts that errors and omissions associated with his reenlistment processing resulted in his disqualification for his bonus.  

3.  To hold the applicant liable for errors made by officers within his unit would not be fair or equitable.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by showing the applicant completed the appropriate addenda to his reenlistment contract to  qualify him for a Selected Reserve Incentive Program skill bonus;

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

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