2. The applicant requests correction of his military records by amending his 28 November 1995 reenlistment contract to show that he reenlisted on 4 December 1995 with entitlement to a selective reenlistment bonus (SRB)-2B.
3. The applicant states that he was scheduled to reenlist on 22 December 1995 because he anticipated that a SRB would be offered for his military occupational specialty (MOS) and wanted to wait as long as possible to take advantage of the SRB if it was offered. However, he was selected to be the platoon sergeant for a mission to the Republic of Hungary and was unable to reenlist as scheduled. After he was notified of his selection, he immediately informed his reenlistment counselor that he was deploying and therefore desired to take his paperwork with him so that he would take his oath of office in Hungary on 22 December 1995 and send it back. He goes on to state that he was advised by his reenlistment counselor that he should reenlist before departure because he could not be sure that the paperwork would make it back and that he could possibly end up missing his reenlistment window and being forced out of the Army. Consequently, he reenlisted on the advice of the reenlistment counselor only to discover that on 4 December 1995 (7 days later), an SRB was announced for his MOS and that he had in effect lost $23,400.00 in bonus entitlements. In support of his application he submits letters of support from his chain of command and statements from several NCOs who were present when he was advised by his career counselor to reenlist prior to his departure.
4. The applicants military records show that after serving 8 years, 9 months, and 6 days of total active service, he reenlisted in the pay grade of E-6 on 28 November 1995 for a period of 6 years, in MOS 24T (patriot operator and systems mechanic) with no bonus entitlements.
5. On 7 December 1995 the applicant was deployed on a temporary change of station in support of Operation Joint Endeavor for a period not to exceed 354 days in duration.
6. The supporting statements from the applicants chain of command (lieutenant colonel to lieutenant general) all attest that the applicant was scheduled to reenlist on 22 December 1995 and that because he was hand-picked for deployment to Hungary, he was advised to reenlist earlier than scheduled, which resulted in his being denied the SRB that was subsequently announced for his MOS. Furthermore, had he reenlisted as scheduled, he would have received the SRB.
7. The supporting statements from three NCOs, which included his supervisor, all indicate that they witnessed the career counselor advise the applicant to reenlist early instead of taking his paperwork with him as he requested.
8. In the processing of this case, an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM). It opined, that a SRB-2B had been authorized for the applicants MOS on 4 December 1995, that the applicant had been scheduled for reenlistment on 22 December 1995, and that he lost his entitlement to the SRB through no fault of his own when he was required to reenlist prior to his deployment. The PERSCOM recommended that his request be approved.
9. 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.
CONCLUSIONS:
1. The applicant was properly reenlisted on 28 November 1995 in the MOS of 24T. However, he was scheduled to reenlist on 22 December 1995 but due to his selection for deployment, he was advised that he should reenlist prior to his departure to avoid missing his reenlistment window and possibly being separated from the service.
2. Had the applicant been allowed to reenlist 7 days later or on 22 December 1995, as he had originally requested, he could have qualified for a SRB in his MOS.
3. Through no fault of his own, the applicant has been denied a financial gain for which he otherwise would have been able to obtain.
4. 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 28 November 1995 reenlistment contract of the individual concerned to show that he reenlisted on 4 December 1995 for a period of 6 years, with entitlement to an SRB-2B.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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