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ARMY | BCMR | CY2001 | 2001061030C070421
Original file (2001061030C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 13 December 2001
         DOCKET NUMBER: AR2001061030

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Mr. Mark D. Manning Member
Ms. Regan K. Smith Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: In effect, reconsideration of her previous request to be awarded an enlistment bonus in conjunction with her enlistment in the United States Army Reserve (USAR).

APPLICANT STATES: That her military occupational specialty (MOS) of 75B was authorized an enlistment bonus at the time of her enlistment and it was not until she reported for her physical examination that she was informed that such was the case. However, the appropriate forms were never completed and she was subsequently denied payment of the bonus. She goes on to state that she should not be penalized because recruiting personnel failed to complete the necessary paperwork. In support of her application she submits a page from the Fiscal Year 1998 (FY98) Selected Reserve Incentive Program (SRIP) which listed her MOS as an eligible skill to receive SRIP benefits.

EVIDENCE OF RECORD: The applicant's military records show:

She enlisted in the USAR on 12 February 1998 for a period of 8 years, training in MOS 75B and assignment to the USAR 994th Medical Detachment (WTUCAAA) in Austin, Texas. At the time of her enlistment she acknowledged by her initials and signature that she had read and understood her enlistment contract, that all questions were explained to her satisfaction, that only those agreements listed in her contract would be honored, and that no promises that were not listed were made. There are no indications in the contract that show she was informed that she was entitled to an enlistment bonus of any type.

The applicant previously applied to the Board in October 1999. The Board opined that she was not entitled to receive a bonus and denied her request on 15 February 2000. The results of the previous Board decision of her case is outlined in the Memorandum of Consideration (AR1999032752).

The document provided by the applicant with her request for reconsideration is a page from an enclosure to the FY98 SRIP Policy Letter, that went into effect 1 October 1997, and that lists her MOS as an eligible MOS.

Army Regulation 135-7 provides policy and procedures for the administration of the SRIP. It provides, in pertinent part, that the SRIP serves as an extraordinary measure to assist Reserve Components (RC) in meeting and sustaining manpower requirements. The FY98 SRIP Policy Letter supplemented the regulation and provided clarification and updated information regarding entitlements to SRIP benefits. It provides, in pertinent part, that personnel who enlist for a shortage MOS in a unit that is identified as eligible for SRIP enlistees, are entitled to SRIP benefits. The list of eligible skills (shortage MOS) was provided along with a list of eligible units (unit identification codes). Enclosure 2 of the policy letter provided a clarification of the regulation which stated, in pertinent part, that non-prior service personnel who enlist for a shortage skill that was on the list of eligible skills for assignment to a unit on the list of SRIP Designated Units, were eligible to receive a SRIP enlistment bonus of $3,000.00. The unit the applicant enlisted for (WTUCAAA) was not listed on the list of designated units.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. Although the applicant enlisted in a shortage MOS that was on the list of eligible skills, she was also required to enlist in a unit that was designated to have a shortage of that MOS, in order to receive an enlistment bonus under the SRIP. The evidence of record clearly shows that the unit she enlisted for was not on the list of designated units.

3. Accordingly, the Board finds that she was properly enlisted without the promise of an enlistment bonus, as evidenced by her contract, and that she is not entitled to an enlistment bonus under the SRIP.

4. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___sac __ __mdm__ __rks ___ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001061030
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/12/13
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 288 128.0500/SRIP ENL BONUS
2.
3.
4.
5.
6.


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