Mr. Carl W. S. Chun | Director | |
Mr.Edmund P. Mercanti | Analyst |
Ms. Melinda M. Darby | Chairperson | |
Mr. Roger W. Able | Member | |
Mr. Curtis L. Greenway | Member |
APPLICANT REQUESTS: That he be paid his reenlistment bonus
APPLICANT STATES: That he was not only promised the enlistment bonus, it was made a part of his reenlistment contract.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the US Army Reserve (USAR) Delayed Entry Program on 1 May 1978 and into the Regular Army on 28 November 1978. He was honorably released from active duty and transferred to the USAR on 26 November 1982.
He remained assigned to the USAR, serving through reenlistments, and was promoted to pay grade E-6.
On 27 September 1998, the applicant immediately reenlisted in the USAR for 6 years. In conjunction with that reenlistment, he completed a bonus addendum which was properly countersigned. In that addendum the applicant certified “I am reenlisting/extending for six years and have less than 14 years of total military service at ETS.”
On 25 October 2000, a deputy inspector general notified the applicant that he had researched his case and determined that he wasn’t entitled to a reenlistment bonus because he had over 14 years of service at the time of his reenlistment.
Army Regulation 135-7, paragraph 4-2, authorizes a reenlistment bonus for reservists who are assigned to selected units or who hold selected military occupational specialties. These reservists must have at least 6, but not more than 14, years of total military service at their ETS, and must reenlist within 3 months before or 24 hours after their ETS.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. At the time the applicant reenlisted, he had 20 years, 7 months and 10 days of creditable service, which exceeds the 14-year service limitation for a reenlistment bonus.
2. Since the applicant, himself, certified that he had less than 14 years of service in order to qualify for the reenlistment bonus, the Board does not consider his being offered a bonus an error on the part of the Army, or an injustice. The officer processing his reenlistment would have reasonably expected a staff sergeant to know how many years he had served.
3. 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
____mmd ___rwa__ ____clg__ DENY APPLICATION
CASE ID | AR2002069090 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 20020820 |
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. | 128.05 |
2. | |
3. | |
4. | |
5. | |
6. |
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ARMY | BCMR | CY2002 | 2002068327C070402
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ARMY | BCMR | CY2001 | 2001060504C070421
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ARMY | BCMR | CY2003 | 2003089538C070212
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ARMY | DRB | CY2005 | 20050007607
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ARMY | BCMR | CY2001 | 2001061865C070421
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