Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002067578C070402
Original file (2002067578C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 June 2002
         DOCKET NUMBER: AR2002067578


         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
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Karol A. Kennedy Chairperson
Mr. Melvin H. Meyer Member
Mr. Allen L. Raub 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 she be paid a cash bonus for her enlistment in the Army Reserve (USAR).

3. The applicant states that her recruiter did not include the bonus addendum with her enlistment contract, and efforts by her unit to get her the bonus have been unsuccessful.

4. In support of her application she submits a memorandum from the recruiting battalion with responsibility for the recruiter who processed her enlistment. The recruiting battalion states that the applicant was entitled to a cash bonus of $3000.00, but the bonus addendum was not completed by her recruiter in error.

5. The applicant’s military records show that she enlisted in the USAR with no prior service on 6 September 2000. She did not complete an addendum for a cash bonus at that time. She completed her initial entry training, was awarded the military occupational specialty (MOS) of automated logistical specialist, and was serving as a drilling reservist at the time she submitted her application.

6. Army Regulation 135-7, Incentive Programs, paragraph 2-3, authorized a cash bonus for nonprior service Reservists who enlist in either a critical MOS or a critical unit, as designated by the Department of the Army. This paragraph requires that a Reservist execute a DA Form 5261-R, Selected Reserve Incentive Program - Enlistment Bonus Addendum, at the time of his or her enlistment.

CONCLUSIONS:

1. Soldiers just entering into the service cannot be expected to know what incentives are available to them, and must rely on their recruiter for that information and for their recruiters to give them the appropriate forms to qualify for those incentives.

2. While the applicant has no inherent right to a bonus, to deny her a bonus when her contemporaries (enlisted in the same MOS and unit) all received a bonus would be inherently unjust.

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 that the individual concerned executed a DA Form 5261-R, Selected


Reserve Incentive Program - Enlistment Bonus Addendum, for enlistment in a bonus MOS in a bonus unit, for a bonus amount of $3000.00.

BOARD VOTE:

____kak_ ____alr__ ____mhm____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Karol A. Kennedy________
                  CHAIRPERSON




INDEX

CASE ID AR2002067578
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020618
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 128.00
2.
3.
4.
5.
6.



Similar Decisions

  • ARMY | BCMR | CY1995 | 9510358C070209

    Original file (9510358C070209.TXT) Auto-classification: Approved

    The applicant states that he completed a Selected Reserve Incentive Program (SRIP) bonus addendum in conjunction with his enlistment. At that time he completed a $2,000.00 cash bonus addendum for enlisting for a bonus MOS. Army Regulation l35-7, paragraph 2-3, authorizes a SRIP bonus for nonprior service Reservists who enlist in either a critical MOS or a critical unit, as designated by the Department of the Army.

  • ARMY | BCMR | CY1996 | 9605309C070209

    Original file (9605309C070209.TXT) Auto-classification: Denied

    APPLICANT REQUESTS: That her records be corrected to show that she executed a Student Loan Repayment Program (SLRP) addendum to her enlistment contract which was properly validated by her recruiter and that her student loans be paid for in accordance with the terms of that addendum. EVIDENCE OF RECORD: The applicant's military records show: She enlisted in the Army Reserve (USAR) on 19 August 1986 for 6 years in pay grade E-3. The applicant was never completed a properly countersigned SLRP...

  • ARMY | BCMR | CY2006 | 20060008852

    Original file (20060008852.txt) Auto-classification: Approved

    The applicant requests, in effect, that her enlistment contract be changed to reflect enlistment in the United States Army Reserve (USAR) for 1 year instead of the currently shown 6 years recorded on her DD Form 4/1 (Enlistment / Reenlistment Document, Armed Forces of the United States) dated, 29 September 2005. The applicant states, in effect, that she reenlisted in the USAR for 6 years, with the understanding that she would receive a Prior Service Enlistment Bonus (PSEB). The applicant...

  • ARMY | BCMR | CY2013 | 20130005249

    Original file (20130005249.txt) Auto-classification: Denied

    The applicant provides an ETP request, dated 2 December 2009, she submitted to her immediate commander for payment of the SLRP benefit wherein she stated that before enlisting in September 2006 she was told 96B was a critical MOS that would come with the MGIB, SLRP, and an enlistment bonus. The applicant’s USAR unit previously submitted a request for the applicant to receive the SLRP incentive and it was denied by the approving authority based on the fact that she was not awarded the SLRP...

  • ARMY | BCMR | CY2007 | 20070004556

    Original file (20070004556.TXT) Auto-classification: Approved

    The applicant requests her current reenlistment contract, dated 24 November 2004, be corrected to show that she enlisted in the United States Army Reserve (USAR) for a period of 3 years and 00 weeks instead of 6 years and 00 weeks due to non-receipt of the $5000 cash bonus promised in her 6-year contract. The advisory opinion noted that the applicant did indeed sign a six-year reenlistment contract and addendum for the $5000 reenlistment bonus. The advisory opinion's supporting statement...

  • ARMY | BCMR | CY2007 | 20070009088

    Original file (20070009088.txt) Auto-classification: Denied

    She also states in effect, that Section III (Termination) of the DA Form 5261-2-R states that the entitlement to the cash bonus will be terminated if a list of conditions occurs before the fulfillment of her reenlistment obligation, to include paragraph 5 which states if the applicant accepts a permanent civilian position where membership in the Selected Reserve is a condition of employment. Evidence of record also shows that the applicant reenlisted for a $15, 000.00 lump sum SRIP bonus in...

  • ARMY | BCMR | CY2002 | 2002067902C070402

    Original file (2002067902C070402.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That her records be corrected to show that she was eligible for the Student Loan Repayment Program (SLRP). While it is unfortunate she was led to believe she qualified for the SLRP, to grant the applicant’s request would be giving her a benefit not available to other reservists with non-qualifying MOS’s who were properly not given a SLRP addendum...

  • ARMY | BCMR | CY2002 | 2002070401C070402

    Original file (2002070401C070402.rtf) Auto-classification: Approved

    The applicant states that his enlistment provided for the SLRP in the amount of $10,000 but it was denied him because of recruiter error. Later, his recruiter or unit officials should have known that sending the applicant for AIT in any MOS other than the one for which he enlisted would have invalidated his entitlement to the SLRP (had his enlistment MOS otherwise been eligible for it). That all of the Department of the Army records related to this case be corrected by repaying the...

  • ARMY | BCMR | CY1995 | 9508994C070209

    Original file (9508994C070209.TXT) Auto-classification: Approved

    The applicant states that she completed a valid enlistment contract containing a SRIP addendum for a $5,000.00 SRIP bonus. She was later denied her SRIP bonus installment payments and told that the one SRIP payment she had already received would be collected back from her. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected: a. by showing that the individual concerned was entitled to a $5,000.00 SRIP skill bonus for MOS 94B; and b. by refunding...

  • ARMY | BCMR | CY2002 | 2002072517C070403

    Original file (2002072517C070403.rtf) Auto-classification: Approved

    The applicant states that she initiated a SLRP contract for $20,000.00 as indicated in the DA Form 5261-4-R (Student Loan Repayment Program Addendum) she includes with her application. In a 30 May 2001 memorandum the Student Loan Repayment Program (SLRP) Office at Fort McCoy stated that although the applicant’s DA Form 5261-4-R was executed with an entitlement of $20,000, she was only eligible for a $10,000 entitlement and payments would be made for that entitlement. The applicant...