| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Ms. Yolanda Maldonado | Member |
APPLICANT REQUESTS: That she be paid her reenlistment bonus.
APPLICANT STATES: She completed her bonus addendum in good faith, and a bonus control number was issued by her unit’s Regional Support Command (RSC). Since the Inspector General determined that she was allowed to complete a bonus addendum because of errors made by the Government, the only issue to be resolved is whether the Army will rectify its mistake by giving her the bonus.
EVIDENCE OF RECORD: The applicant's military records show:
She enlisted in the Army Reserve (USAR) in pay grade E-3 on 28 August 1992. In conjunction with that enlistment, she completed a bonus addendum and a Student Loan Repayment Program (SLRP) addendum.
She was promoted to pay grade E-4 and immediately reenlisted in the USAR for 3 years on 23 August 2000. In conjunction with that reenlistment she executed a bonus addendum. In that bonus addendum she certified that “I have not previously received a reenlistment/extension bonus for service in the Selected Reserve.”
On 2 March 2002, the applicant’s commander forwarded a request from the applicant for an exception to policy to pay the applicant her bonus. In that request the applicant stated that she had been told she wasn't eligible for the bonus 2 ½ months after her reenlistment. The applicant’s unit’s RSC disapproved that request. In the disapproval it was stated that the applicant had the option of requesting immediate discharge due to defective enlistment, or to remain assigned to the unit without the benefit of the bonus.
On 20 June 2002, the RSC Inspector General (IG) responded to an IG Action Request submitted by the applicant. In that response, the IG stated that she had determined that she wasn't eligible for a bonus because she previously received a bonus for service in the Selected Reserve (USAR or Army National Guard unit, or Individual Mobilization Augmentee). The IG reminded the applicant of her option to request discharge.
Army Regulation 135-7 states that an immediate reenlistment or extension bonus may only be awarded to a Selected Reserve soldier who has not previously received a reenlistment or extension bonus for service in the Selected Reserve.
Army Regulation 135-178 sets forth the basic authority for the separation of reserve enlisted personnel. Chapter 9 provides for individuals who were promised a benefit in conjunction with their enlistment or reenlistment which the Army cannot honor. These individuals have the option of either requesting immediate discharge or waiving the benefit and remaining in the USAR.
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. The applicant was not eligible for a bonus because she had already received a bonus.
2. When the applicant signed the form certifying that she had never previously received a bonus, she was processed for the bonus within her USAR chain of command. It was only when the applicant’s unit’s servicing finance and accounting office attempted to pay the bonus that it was discovered that she had already received a bonus.
3. Since the error was caused by the applicant’s certification that she had never received a bonus, and since it would be unfair to other reservists to give her a second bonus, 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
___cjp___ ___wtm _ ___ym __ DENY APPLICATION
| CASE ID | AR2002078062 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030130 |
| 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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