2.  The applicant requests, in effect, correction of his military records by amending his 6 December 1991 reenlistment contract to show that he reenlisted on 1 July 1989 for a period of 5 years and was entitled to a selective reenlistment bonus (SRB)-2A in military occupational specialty (MOS) 91C.

3.  The applicant states that upon completion of his Bonus Extension and Retraining (BEAR) Program training in MOS 91C, he was offered the option to reenlist in the pay grade of  E-4 the day before graduation.  Knowing that he was going to be promoted to pay grade E-5 the day after graduation, he elected to reenlist after he was promoted.  He was then informed that he could do so at his next duty station (Korea).  After taking 30 days leave en route to Korea, he requested reenlistment when he reported to Korea and was informed that he was no longer eligible to reenlist to receive an SRB-2A because he had waited longer than 30 days after graduation and had too much obligated service to complete.  In an attempt to serve out the obligated service incurred through BEAR training, he matured into the “B” zone, for which there was no SRB.

4.  The applicant’s military records show that he enlisted on 22 January 1985 for a period of 3 years and for training as a medical specialist in MOS 91A.  On 30 September 1987 he extended his enlistment for a period of 42 months for the purpose of completing training in MOS 91C under the BEAR Program and subsequent reenlistment in MOS 91C with SRB-2A. His expiration of term of service (ETS) was to be 21 July 1991.

5.  He completed his training on 30 June 1989 and was promoted to the pay grade of E-5 on 1 July 1989.  He was immediately transferred to Korea and arrived in August 1989.

6.  The applicant again extended his enlistment on 27 June 1991 for a period of 2 months and on 5 September 1991 for a period of 3 months.  His new ETS was 21 December 1991.

7.  On 6 December 1991 the applicant reenlisted for the first time for a period of 4 years with no entitlement to an SRB.  At that time he had served 6 years, 10 months, and 14 days of total active service.  However, he was now in the “B” zone and there was no SRB authorized for his grade in zone “B”. 

8.  On 8 March 1993 the applicant again reenlisted for a period of 6 years with entitlement to a SRB-2B in MOS 91C.  He was allowed to reenlist at that time because he had to meet the service remaining requirements for an assignment to Germany.

9.  In the processing of this case a staff member of the Board contacted officials at the Total Army Personnel Command (PERSCOM), Force Alignment Branch, for additional information regarding the BEAR Program.  The PERSCOM indicated 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 training to be awarded the new primary MOS (PMOS), reenlist, and receive an SRB in the newly awarded PMOS.  All soldiers approved for entry into the BEAR program must extend their enlistment to ensure they have 24 months time in service remaining upon completion of training.  An SRB is paid only for additional obligated service and any time remaining on the extension that is executed upon entrance into the BEAR program is considered previous obligated service.  Initial term soldiers participating in the program may be forgiven up to 24 months of additional obligated service provided they reenlist within 30 days after completion of training.  The PERSCOM indicated that it was a common problem at one time that soldiers were not advised of the requirement to reenlist within 30 days.  The PERSCOM recommended that the applicant’s reenlistment contract of 6 December 1991 be corrected to reflect that he reenlisted on 1 July 1989 for a period of 5 years with entitlement to SRB-2A in MOS 91C. 

10.  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 MOS’s who have between 21 months and 6 years of active federal service (AFS).  Zone “B” applies to personnel with 6 and 10 years of AFS, and Zone “C” applies to personnel with 10 to 14 years of AFS.

11.  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 without PERSCOM approval unless they are reenlisting to meet a service remaining requirement.  

CONCLUSIONS:

1.  The applicant was properly approved for entrance into the BEAR program and took the appropriate action to extend his enlistment to have the required amount of service remaining upon completion of the training. 

2.  He successfully completed his training on 30 June 1989, was awarded a new PMOS of 91C, and was promoted to the pay grade of E-5 on 1 July 1989.

3.  It is apparent that he delayed his reenlistment until he graduated and was promoted to the pay grade of E-5 in order to maximize his bonus entitlements.  However, because he did not reenlist within 30 days of completing training, his previous obligated service was no longer waivable.
4.  Had the applicant been properly informed at his training location that reenlistment had to be accomplished within 30 days after completion of training in order to be eligible to receive his SRB, he would have been able to reenlist before departing for Korea or could have shortened his leave and reported in to Korea in sufficient time to qualify for his SRB.

5.  It is apparent that the applicant complied in good faith with all of the conditions of entry and completion of the BEAR program with the expectations of reenlisting with entitlement to a SRB.  However, through no fault of his own, the applicant has been denied a financial benefit for which he otherwise would have been able to obtain.

6.  In view of the foregoing, it would be equitable and just to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending the 6 December 1991 reenlistment contract of the individual concerned to show that he reenlisted on 1 July 1989 for a period of 5 years, with entitlement to an SRB-2A in MOS 91C.                 

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON