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Decision Text

ARMY | BCMR | CY2002 | 2002078533C070215
Original file (2002078533C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 13 February 2003
         DOCKET NUMBER: AR2002078533

         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
Mr. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Ms. Gail J. Wire Member
Mr. Robert J. Osborn 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)


APPLICANT REQUESTS: That he be paid a Regular Reenlistment Bonus (RRB).

APPLICANT STATES: In effect, that he enlisted on 6 May 1975 and never received a RRB or other bonuses for reenlisting.

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

He enlisted in Memphis, Tennessee, on 6 May 1975 for a period of 4 years, a cash enlistment bonus, training as a field artillery cannon crewman and assignment to III Corps.

He remained on active duty through a series of continuous reenlistments, with no bonus entitlements, and was promoted to the rank of command sergeant major on 1 August 1997. He was honorably released from active duty on 30 April 2001 and was transferred to the Retired List effective 1 May 2001.

Army Regulation 601-280 establishes policy and procedures for the Total Army Retention Program. It states, in pertinent part, that effective 1 June 1974, the use of the RRB was terminated. However, each soldier on active duty on 1 June 1974 will continue to be eligible to receive at least $2,000.00 for reenlisting (RRB, Selective Reenlistment Bonus, or combination of both) during an entire 20-year career.

The Department of Defense Military Pay and Allowances Entitlements Manual prescribes the basic conditions for entitlements to the RRB. It states, in pertinent part, that the RRB applies to members who were on active duty on 1 June 1974 and who thereafter reenlist within 3 months of being discharged (continuous service is not required).

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. 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.

2. The applicant was not on active duty on 1 June 1974, the latest date necessary to qualify for payment of the RRB. He did not enter active duty until 6 May 1975, almost a year after the RRB was discontinued. Therefore, in accordance with the applicable regulations, he was not grandfathered into eligibility for the RRB Program.

3. Accordingly, he was not then nor is he now entitled to receive a RRB for any of his reenlistments.

4. 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

__gw____ ___rjo___ ___rvo__ DENY APPLICATION



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




INDEX

CASE ID AR2002078533
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/02/13
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 288 120.0500/RRB
2.
3.
4.
5.
6.


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