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ARMY | BCMR | CY2001 | 2001064238C070421
Original file (2001064238C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 February 2002
         DOCKET NUMBER: AR2001064238


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

Mr. Carl W. S. Chun Director
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Margaret K. Patterson Member
Mr. Lester Echols Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his records be corrected to show he met the eligibility requirements for receiving the Selective Reenlistment Bonus (SRB).

3. The applicant states that he knew he was in the window for reenlistment as of 14 May 2001 but he was deployed at the time. He was in no rush to reenlist as soon as he came in the window because he was under the impression that his basic active service date (BASD) was 12 November 1987, when he enlisted in the Regular Army. He did not realize that his BASD was adjusted because of his prior active service while in the Army National Guard. When he reenlisted on 7 June 2001, he was just past the 14-year mark, placing him outside of the C zone for the SRB.

4. The applicant’s military records show that he initially enlisted in the Army National Guard and was ordered to active duty for training from January – July 1986. He enlisted in the Regular Army on 12 November 1987. When he reenlisted on 7 June 2001 for an indefinite period, his Enlistment/Reenlistment Document Armed Forces of the United States showed he had completed 14 years and 18 days of creditable active service.

5. Army Regulation 601-280 prescribes criteria for the Total Army Retention Program. In pertinent part, it states that the SRB Program is a retention incentive bonus paid to soldiers in certain selected military occupational specialties who reenlist for a minimum of 3 years. Three eligible zones have been established under the SRB Program: (1) Zone A reenlistments are reenlistments between 21 months of AFS and 6 years AFS; (2) Zone B reenlistments are reenlistments between 6 years AFS and 10 years AFS; and (3) Zone C reenlistments are reenlistments between 10 years AFS and 14 years AFS.

6. In the processing of this case, an advisory opinion was obtained from the Retention Management Division, U. S. Total Army Personnel Command. That office recommended approval of the applicant’s request as an exception to policy.

7. A copy of the advisory opinion was provided to the applicant for comment. He failed to respond within the given time frame.

8. Conversation with the Defense Finance and Accounting Service (DFAS) on 5 February 2002 indicated that there is a possibility that DFAS would have a problem paying the SRB as an exception to policy. DFAS recommended that the applicant’s reenlistment date be corrected to show he reenlisted prior to exceeding 14 years of service. The applicant agreed with this recommendation, if needed, on 5 February 2002.


CONCLUSIONS:

1. The Board agrees with the advisory opinion. If the applicant’s active service had been more closely monitored by his unit career counselor at the time he came into the window for reenlistment, arrangements could probably have been made to ensure his reenlistment took place prior to his reaching 14 years of active service even given his deployment. It would be inequitable to deny the applicant the SRB Zone C bonus.

2. To avoid any possible problems with the payment of this SRB, the applicant’s records should be corrected to show he reenlisted on 18 May 2001, the Friday before he reached 14 years of active service as shown by his 7 June 2001 reenlistment contract.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing he reenlisted on 18 May 2001, prior to his reaching 14 years of active service, and that he met the eligibility criteria for receipt of the Zone C SRB.

BOARD VOTE:

__fne___ __mkp___ __le____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001064238
SUFFIX
RECON
DATE BOARDED 20020207
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 128.05
2.
3.
4.
5.
6.


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