PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 December 2002
         DOCKET NUMBER: AR2002079741


         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
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Mr. Harry B. Oberg		Member
Mr. Stanley Kelley		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.

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2. The applicant requests payment of her remaining Selective Reenlistment Bonus (SRB) entitled to her in accordance with regulation.

3. The applicant states, in effect, that she was entitled to receive an SRB in accordance with Army Regulation 601-280, Section II, paragraph 5-13c. In support of her application, she submits a copy of her enlistment contract, DA Form 2-1 (Personnel Qualification Record – Part II), and a letter from the Office of the Surgeon General (OTSG), dated 3 December 1991.

4. The applicant submits an additional statement to her application. She states
that she reenlisted for a period 6 years with an SRB of 2A, in military occupational specialty (MOS) 91C and received 50% of her SRB, with an agreement to receive future installments annually on the anniversary date of her first reenlistment. She was accepted into the Army Medical Department (AMEDD) Enlistment Commissioning Program (AECP) and was informed that she would have to reenlist in order to fulfill the requirements for the AMEDD Program. She reenlisted for the second time on 13 March 1991 for a period of
6 years in order to satisfy her service remaining requirements for the AECP. The faculty advisor notified her during her first semester, Fall 1991, at Florida A& M University, that she would need twenty-six months of schooling in order to obtain a Bachelor of Science in Nursing (BSN) degree.

5. The AMEDD College Program stipulated that the applicant must be able to receive a BSN within twenty-four months or less after being accepted into the program. She wrote a letter to the AMEDD Student Detachment to inform them of the school's decision and received a memorandum from OTSG notifying her that she would be released from the program. She received assignment orders in December 1991 reassigning her to Germany in the same MOS of 91C that she previously received a partial SRB bonus for. Several career counselors informed her that she was entitled to repayment of the portion of the bonus that she had not received. However, this was the first time that she was aware of her rights for repayment and requests assistance in this matter.

6. The applicant’s military records show she enlisted on 19 March 1985, as a practical nurse, in MOS (91C), for a period of 3 years. She reenlisted on 8 April 1988 for a period of 6 years, in the same MOS, with an SRB of 2A, and elected 50 percent pay of her SRB. She reenlisted the second time on 13 March 1991 for a period of 6 years. She continues to serve and is presently assigned to Fort Sam Houston, Texas.





7. Item 8b (Remarks) of the applicant's DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 8 April 1988,
shows the remarks "The Conus (Continental United States) Station-of-Choice Reenlistment Option, Letterman Army Medical Center, California RCN: 734035 SRB 2A, MOS 91C No Waiver 1^st Reenlistment Soldier elected 50 percent payment of SRB" which indicates that the applicant was entitled to an enlistment bonus (EB).

8. Item 8 of her DD Form 4/1, dated 13 March 1991, shows the remarks "Regular Army Reenlistment Option No Bonus Entitlements No Waiver 2^nd Reenlistment."

9. The applicant's DA Form 3340 (Request for Regular Army Reenlistment or Extension), dated 13 March 1991, shows that she reenlisted for the second time for a period of 6 years to satisfy her service remaining requirement for the AMEDD College Program.

10. Item 35 (Effective Date/Duty MOS/Principal Duty/Organization and Station) of the applicant's DA Form 2-1 shows the that she was a student at the AMEDDD Student Detachment at Fort Sam Houston, Texas from 19 August 1991 to 26 February 1992.

11. The applicant provided a copy of memorandum from the OTSG, dated 3 December 1991, Subject: Release from the AMEDD Enlisted Commissioning Program. The OTSG stated that one of the most important conditions of the program was that soldiers must be able to finish their BSN in twenty-four months or less. The Army closely monitors the "Student Account" of soldiers to ensure a balance between soldiers in training and the operating strength. The applicant, unfortunately, did not complete the prerequisite courses required by Florida
A & M University. Their recalculated time required for the applicant to complete the BSN was greater than twenty-four months. The AMEDD Student Detachment, AMEDD Center and School, Fort Sam Houston, Texas would issue reassignment instructions. The applicant may reapply to the AECP when she has obtained enough credits to allow her to complete the program within twenty-four months.

12. In the processing of this case an advisory opinion was provided by the Total Army Personnel Command (PERSCOM), Retention Management Division.
PERSCOM stated that the applicant's request to receive the remaining SRB for MOS 91C was approved. The applicant was entitled to the SRB at the time she returned to an enlisted status. In accordance with Army Regulation 601-280, chapter 5-13c "the entitlement to additional unpaid bonus would be reinstated and paid on a pro rata basis if the applicant was not commissioned or appointed and returns to an enlisted status in the same MOS." The applicant was returned to an enlisted status as a 91C.
13. The applicant was provided a copy of the favorable opinion for possible comment prior to consideration of her case. The applicant responded within the timeframe allotted and concurred on 9 December 2002.

14. Army Regulation 601-280 sets forth the basic authority for the Army Enlistment Program for all military personnel of the Active Army. This regulation prescribes the eligibility criteria and options currently available in the Army Reenlistment Program. Chapter 5 pertains to the Enlistment and Reenlistment Bonuses for Enlisted Personnel. Paragraph 5-13 cover recoupment from soldiers who fail to complete obligated service and correction of erroneous SRB cases. Subparagraph 5-13c states that recoupment of an unearned bonus is not required if the soldier is separated to permit acceptance of a commission or warrant appointment or to enter a program leading to a commissioned or warrant appointment. Entitlement to additional unpaid bonus is suspended and will terminate upon commissioning or appointment. However, the entitlement to additional unpaid bonus will be reinstated and paid on a pro rata basis if the soldier was not commissioned or appointed and returns to enlisted status in the same bonus MOS.

CONCLUSIONS:

1. The evidence of record shows that the applicant reenlisted on 8 April 1988 for an SRB of 2A, in MOS 91C, and elected 50 percent payment of her SRB with an agreement to receive future installments annually on the anniversary date of her first reenlistment. The evidence also shows that she was accepted into the AECP and was informed that she had to reenlist in order to fulfill the requirements for the AMEDD Program.

2. The applicant reenlisted for the second time on 13 March 1991 in order to satisfy her service remaining requirements for ACEP. The faculty advisor later notified her that she needed twenty-six months of schooling in order to obtain her BSN degree. The AMEDD Program stipulated that she must be able to receive her BSN degree with twenty-four months or less after being accepted into the program.

3. The applicant wrote a letter to the AMEED Student Detachment to inform them of the school's decision and received a memorandum from the OTSG notifying her that she would be released. She was released and reassigned in her same MOS of 91C that she previously received a partial SRB.





4. The applicant's career counselors informed her that she was entitled to payment of the portion of the bonus that she had not received which she was not aware of. She was entitled to her remaining SRB of 2A, in MOS 91C, upon her return to an enlisted status in accordance with Army Regulation 601-280, chapter 5-13c. Entitlement to an additional unpaid bonus would be reinstated and paid on a pro rata basis if the applicant was not commissioned or appointed and returns to an enlisted status in the same MOS. The applicant was returned to an enlisted status in MOS 91C. Therefore, she is entitled to payment of her remaining amount of her SRB of 2A, in MOS 91C, from her first reenlistment.

5. 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 for the individual concerned be corrected by showing that she is entitled to payment of her remaining amount of her SRB of 2A, for MOS 91C, from her first reenlistment.

BOARD VOTE:

__ro___ ___ho__ ___sk___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O'Connor, Jr.__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002079741
SUFFIX
RECON
DATE BOARDED	20021219
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	1025
2.
3.
4.
5.
6.