MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 14 February 2002
         DOCKET NUMBER: AR2001061865

         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:

Mr. John N. Slone		Chairperson
Ms. Barbara J. Ellis		Member
Mr. John E. Denning		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: That he be awarded a $5,000 enlistment bonus in connection with his enlistment in the U.S. Army Reserve (USAR) on 19 November 1999 and that he be authorized $20,000 for the Student Loan Repayment Program (SLRP) instead of $10,000.

APPLICANT STATES: That the Army’s contract representative was made aware of his prior bonus payment as shown on his SLRP Addendum. In support of his application, he submits a copy of a letter from Headquarters, USAR Command, Chief, Support Division; three pages of DA Form 3540-R (Certificate and Acknowledgement of USAR Requirements and Methods of Fulfillment); DA Form 3286-67 (Statement of Understanding); USAREC Form 1127-R-E (Supplement to DA Form 3286-67); and DA Form 5435-R (Statement of Understanding – The Selected Reserve Montgomery GI Bill).

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

The applicant is currently serving in the USAR in the rank of specialist.

The applicant initially served in the U.S. Navy from 9 August 1984 through 6 August 1987 and was transferred to U.S. Navy Reserve. He served in that component until he was honorably discharged on 20 January 1991.

On 30 August 1991, the applicant enlisted in the USAR for a period of six years. At the time of his enlistment, the applicant signed a DA Form 5261-5-R (Selected Reserve Incentive Program-Prior Service Enlistment Bonus Addendum). Section V (Entitlement) indicated that he understood that he was eligible for a prior service enlistment bonus based on having less than ten years total military service and was enlisting for six years for a bonus of $5,000. The applicant further acknowledged that the initial payment would be $2,500 with the remainder paid in six increments of $416.66, and the incremental payments would be paid on satisfactory completion of each year of the six year term of service in the Selected Reserve.

In conjunction with his enlistment on 30 August 1991, the applicant also completed a DA Form 5261-4-R (SLRP Addendum) for the USAR SLRP. Section V (Entitlement) indicated that the SLRP applied to him in the form of a maximum repayment of $10,000 during his military career and that the amount repaid each year would not exceed 15% of the outstanding balance of his student loans.

The applicant was ordered to active duty for advanced individual training (AIT). Upon successful completion of AIT, he was awarded military occupational specialty (MOS) 88N (traffic management coordinator). The applicant was honorably discharged from the USAR on 2 July 1998.

On 19 November 1999, the applicant enlisted again in the USAR for a period of six years.

Records show that the applicant completed a DA Form 5261-5-R (Selected Reserve Incentive Program-USAR Prior Service Enlistment Bonus Addendum) at the time of his enlistment.

Section III (Acknowledgement) of the USAR Prior Service Enlistment Bonus Addendum indicates that the applicant had received a bonus in his prior enlistment. The applicant acknowledged that he was qualified in MOS 88N (traffic management coordinator) which he successfully served on active duty.

Section V (Entitlement) of the addendum indicated that the applicant understood that he was eligible for a prior service enlistment bonus based on having less than 10 (which was altered to show 14) years total military service and was enlisting for six years for a bonus of $5,000.

Section X (Certification by Service Representative) of the USAR Prior Service Enlistment Bonus Addendum was signed by the applicant’s guidance counselor. The counselor certified that he witnessed the reading and signing of the prior service enlistment bonus agreement and the signature on the document was that of the applicant. He also confirmed that he had verified that the applicant met the eligibility requirements for the prior service enlistment bonus and that the MOS he was enlisting for was currently authorized for a cash bonus.

A DA Form 3540-R (Certificate and Acknowledgement of USAR Service Requirements and Methods of Fulfillment) in the applicant’s records shows he completed a DA Form 5261-4-R (SLRP Addendum) in conjunction with his enlistment on 19 November 1999. However, this addendum is not present in his records.

Army Regulation 135-7 (Incentive Programs) established the single reference for incentives authorized within the Army National Guard and the Army Reserve. It governs incentive benefits, eligibility criteria and entitlement, termination, suspension and recoupment requirements. This regulation provides for the Selective Reserve Incentive Program (SRIP) – USAR Prior Service Enlistment Bonus. Essentially, this program offered a cash bonus of $2,500 for a reenlistment of 3 years or 6 years, respectively, in a designated military occupational specialty (MOS). Eligibility for SRIP – USAR Prior Service Enlistment Bonus requires, in part, receipt of an honorable discharge at the end of the last period of military service; a break in service of at least 12 months; less than 10 years of military service; no previous payment of a bonus for enlistment; reenlistment or extension in any Reserve Component of the Armed Forces; and enlistment after 1 March 1991 for a period of 3 or 6 years. The regulation states that enlistment for this incentive was not authorized after 30 September 1996.
The Loan Repayment Program is a Department of the Army enlistment option authorized by Public Law 99-145. This option is designed to increase Test Score Category I-IIIA accessions. Loans that qualify for repayment are Guaranteed Student Loan/Stafford Loans, National Direct Student Loan/Perkins Loans, William D. Ford Loans, Supplemental Loans for Students, Federally Insured Student Loans (FISL), Parent Loan for Undergraduate Students (PLUS), Auxiliary Loan Assistance for Students (ALAS) and consolidated loans which fall under Title IV, Part B, D or E of the Higher Education Act of 1965. Active Army LRP participants earn their first loan repayment after completion of a full year of active duty and for each full year thereafter, up to 3 years. Payment of 33 1/3 percent or $1,500, whichever is greater, is authorized annually to the loan holder on the total remaining original outstanding principal balance.

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. The applicant enlisted in the USAR on 30 August 1991. At the time of his enlistment, he completed addendums for an enlistment bonus and the SLRP.

2. The applicant was discharged from the USAR on 2 July 1998. On the date of his discharge, his entitlement to the SLRP was terminated. However, he retained the enlistment bonus.

3. The applicant reenlisted in the USAR on 19 November 1999 for a USAR prior service enlistment bonus and the SLRP. His enlistment bonus addendum indicated that he had received an enlistment bonus with his prior enlistment.

4. Notwithstanding the applicant’s contention that he should have received a second enlistment bonus, regulation prohibits payment of a second Selective Reserve Incentive Program – USAR Prior Service Enlistment Bonus.

5. The Board noted the applicant received partial payment of his student loans during his first enlistment in the USAR. The Board also noted that the applicant entered into a contract for the SLRP in the amount of $10,000 and that this amount, once established, cannot be increased.

6. 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.

7. 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

JNS_____ BJE_____ JED_____ DENY APPLICATION

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

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INDEX

CASE ID	AR2001061865
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020214
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.	112.1200
2.	112.1100
3.
4.
5.
6.