MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 19 March 2002
         DOCKET NUMBER: AR2001061372

         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
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Shirley Powell		Chairperson
Mr. Elzey J. Arledge		Member
Mr. Stanley Kelley		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)

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APPLICANT REQUESTS: In effect, that he be paid a 1.5A bonus under the Selective Reenlistment Bonus (SRB) program in conjunction with his reenlistment on 25 July 2001.

APPLICANT STATES: That he was notified by a senior career counselor that he was not eligible for an 1.5A SRB for his reenlistment on 25 July 2001 because he had received an 0.5A SRB for his first enlistment. He claims that he did not know that he could not receive another Zone A Bonus.

In support of his application, the applicant submits a copy of his reenlistment contract for 25 July 2001 and a statement from his senior career counselor.

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

The applicant is currently serving on active duty in the rank of sergeant.

He enlisted in the Regular Army on 10 July 1996 for a period of four years. At the time of his enlistment, he was authorized a $1,500 cash bonus for completion of training in military occupational specialty (MOS) 63B (light wheel vehicle mechanic). He was discharged from active duty on 18 July 1999.

On 19 July 1999, he reenlisted for a period of three years for a .5A SRB in MOS 63B. Item 8b (Remarks) of his DD Form 4/1 (Enlistment/Reenlistment Document), shows he elected 50% payment of his SRB. The applicant had completed 3 years and 9 days total active military service at the time of his reenlistment.

The applicant reenlisted again on 25 July 2001 for a period of six years in pay grade E-5. He had completed 5 years and 15 days total active military service at this time. The Remarks section of his reenlistment contract shows
he was authorized a 1.5A bonus under the Targeted Selective Reenlistment Bonus (TSRB) program in MOS 63B for assignment at Fort Bragg, North Carolina. His reenlistment contract also shows that he elected 50% payment of the TSRB.

In the processing of this case, an advisory opinion was obtained from the U.S. Total Army Personnel Command, Chief, Retention Management Division. That office recommends disapproval of the applicant’s request. The opinion points out that the applicant was not entitled to a Selective Reenlistment Bonus in Zone B at the time of his reenlistment in MOS 63B and assigned to Fort Bragg, North Carolina. The opinion further points out that Army Regulation 601-280, paragraph 5-6e(4) states that a soldier must have not previously received a Zone A Bonus.

On 22 October 2001, the applicant was provided 30 days in which to submit comments or rebuttal to the advisory opinion. On 20 November 2001, the applicant submitted a rebuttal to the advisory opinion. In summary, the applicant contends that he was told that he was qualified to receive the 1.5A Zone Bonus, so he reenlisted for six years and hoped to receive the 1.5A Zone Bonus upon completion of Airborne School. He further contends that he did not know at the time of his reenlistment that he was not eligible for the A Zone Bonus, nor did his reenlistment noncommissioned officer. He states that he had “lined up” two civilian jobs and chose to stay in the military to continue his career as a soldier. He also states that the money is not the only reason he chose to stay in the Army, but it would help his family and himself a great deal. In conclusion, he states that he is now “locked into” six years, so if he does not like Fort Bragg, he cannot reenlist to go somewhere else of his choice.

Army Regulation 601-280 sets forth the basic authority for the Army Enlistment Program for all military personnel of the Active Army. This regulation prescribes the eligibility criteria and options currently available in the Army Reenlistment Program. Chapter 5 pertains to the Enlistment and Reenlistment Bonuses for Enlisted Personnel. Paragraph 5-5, states that the Selective Reenlistment Bonus (SRB) Program is a monetary incentive offered to qualified soldiers who reenlist in the Regular Army for continued duty in certain MOSs. The SRB is designed to increase the number of reenlistments in critical MOSs and is paid by specialty and grade within established zones. The three zones are:

         (1) Zone A – reenlistment between 21 months and six years of active service.

         (2) Zone B – reenlistment between six to 10 years of active service.

         (3) Zone C – reenlistment from 10 to 14 years of active service (Zone C Bonuses have not been applied since 31 Jan 86.)

Fifty percent of the awarded Bonus is paid at the time of reenlistment. The remaining Bonus amount is paid in equal annual installments over the reenlistment contract.

Paragraph 5-6 of Army Regulation 601-280 sets forth the requirements for a Zone A SRB. It states, in pertinent part, that to be eligible for a Zone A SRB, a soldier must: (1) Have completed at least 21 months of continuous active service (other than ADT) but no more than 6 years of active service (including ADT) on the date of discharge; (2) Reenlist in the Active Army for at least 3 years; (3) Have a total of at least 6 years of active service when the term of reenlistment is added to existing active service; and (4) Have not previously received a Zone A SRB or VRB.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 7, paragraph 7-16, of that regulation provides, in pertinent part, claims of defective or unfulfilled enlistment or reenlistment agreements. A defective enlistment or reenlistment agreement exists when the soldier is eligible for enlistment in the Army but does not meet the prerequisites for the option for which enlisted. Defective enlistment agreements occur when the following situation exists: (1) a material misrepresentation by recruiting personnel, upon which the soldier reasonably relied, resulting in the soldier being induced to enlist for that option; or (2) an administrative oversight or error on the part of the recruiting personnel, in which the soldier did not knowingly take part, in failing to detect that the soldier did not meet all the requirements for the enlistment commitment. This regulation provides that a Regular Army soldier serving on a second or later enlistment, having been discharged from a previous enlistment before ETS to reenlist, may request separation when a defective reenlistment agreement exists.

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

1. The applicant enlisted in the Regular Army on 10 July 1996 for a period of four years.

2. He reenlisted on 19 July 1999 for a period of three years. At the time of his reenlistment, he was authorized a .5A SRB in MOS 63B (light wheel vehicle mechanic) and completed 3 years and 9 days total active military service.

3. The applicant reenlisted again on 25 July 2001 for a period of six years. His reenlistment contract clearly shows that he was authorized a 1.5A TSRB in MOS 63B. He had completed 5 years and 15 days total active military service at this reenlistment.

4. Since the applicant received a .5A SRB in conjunction with his reenlistment on 19 July 1999, he was not entitled to another Zone A Bonus with his reenlistment on 25 July 2001 in accordance with Army Regulation 601-280. Therefore, there is no basis for granting him a 1.5A SRB as indicated on his reenlistment contract for 25 July 2001.

5. The Board considered the applicant’s comments in his rebuttal to the advisory opinion from the U.S. Total Army Personnel Command. He contends that he was told that he could receive a 1.5A SRB upon completion of Airborne School; however, at the time, he did not know that he was not eligible for another Zone A Bonus. He further stated that he had two civilian jobs “lined-up” and chose to stay in the military to continue his career as a soldier.

6. Although the applicant may now feel that he made the wrong choice, he can be released from his current reenlistment contract by submitting a request for separation under the provisions of Army Regulation 635-200, paragraph 7-16 based on a defective reenlistment agreement.

7. 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.

8. 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

SP______ EJA_____ SK______ DENY APPLICATION

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

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INDEX

CASE ID	AR2001061372
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020319
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	112.1100
2.
3.
4.
5.
6.