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ARMY | BCMR | CY2003 | 2003089558C070403
Original file (2003089558C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 21 October 2003
                  DOCKET NUMBER: AR2003089558

         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
Ms. Deyon D. Battle Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer Chairperson
Mr. William D. Powers Member
Mr. Frank C. Jones 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: Payment of a regular reenlistment bonus (RRB).

APPLICANT STATES: That he never received an RRB or a selective reenlistment bonus (SRB) at any time during his 20 years of Army service. In support of his application, he submits a copy of his final Certificate of Release or Discharge (DD Form 214); a copy of his DD Form 214 for the period ending 30 September 1962; and a copy of a letter of commendation, dated 22 November 1967.

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

He enlisted in the Oklahoma Army National Guard (OKARNG) on 22 November 1959. On 24 October 1961, he was ordered to active duty in the Regular Army (RA) as directed by the President. On 1 October 1962, he reenlisted in the RA for a period of 3 years. He remained in the RA through continuous reenlistments until he enlisted in the United States Army Reserve (USAR) 17 May 1970. He completed 11 months and 28 days in the USAR and on 17 August 1971, he again enlisted in the RA. He remained on active duty through a series of continuous reenlistments. At the time of his retirement on 28 February 1986, he had completed 22 years and 11 months of total active service for retirement.

A review of the Reports of Separation and enlistment contracts that are maintained in the applicant’s official records shows that throughout his service, he received at least one RRB and that by the time that he reenlisted in the Army on 26 June 1981 (his fourth reenlistment), he had no bonus entitlement.

The Department of Defense Military Pay and Allowances Entitlements Manual prescribes the basic conditions for entitlement 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. The applicant was eligible to receive a RRB (maximum $2,000.00) by virtue of being on active duty on 1 June 1974 and reenlisting within 3 months of being discharged.

2. The Board has noted his contentions. However, his official records show that he did receive a reenlistment bonus and that at the time of his fourth reenlistment in the Army on 26 June 1981, he was no longer entitled to receive a bonus. Therefore, it is reasonable to presume, in the absence of evidence to the contrary, that he did receive his full entitlement to the RRB.
3. The applicant has submitted neither probative evidence nor a convincing argument in support of the request.

4. 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.

5. 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

__fcj____ ___wdp__ ___mm__ DENY APPLICATION



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




INDEX

CASE ID AR2003089558
SUFFIX
RECON
DATE BOARDED 2003/10/21
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 283 128.0000/PAY & ALLOWANCES
2. 288 128.0500/REENLISTMENT BONUS
3.
4.
5.
6.


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