RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         01 FEBRUARY 2005
      DOCKET NUMBER:  AR2004106206


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. William Powers                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his November 2002 reenlistment action be
corrected so as to entitle him to his $5000.00 reenlistment bonus, benefits
under the Student Loan Repayment Program (SLRP), and the Selected Reserve
Montgomery GI Bill Kicker Program (MGIB-SR Kicker).  He asks that if the
reenlistment action cannot be corrected for him to receive those
incentives, that the contract then be changed to show that he reenlisted
for a period of 3 years, vice 6 years.

2.  The applicant states that at the time of his November 2002 reenlistment
he had nearly 10 years of service, and was informed that if he reenlisted
in the United States Army Reserve for a period of 6 years, he would be
entitled to a $5000.00 reenlistment bonus, and would receive benefits under
the SLRP and the MGIB-SR Kicker Program.  He states that on 1 November
2002, he signed a 6 years contract which included addendums showing
entitlement to a $5000.00 bonus, MGIB-SR Kicker, and the SLRP.

3.  He states, however, on 27 August 2003 he was given a copy of an
electronic mail indicating that he was not entitled to receive the cash
bonus because he had submitted an addendum that was for “prior service
enlistment bonus” to which he was not entitled by virtue of having already
received an enlistment bonus.  He notes that it was later explained to him
that his November 2002 service contract was executed utilizing a prior
service enlistment contract instead of a reenlistment contract.

4.  The applicant provides a copy of his November 2002 service contract,
including the addenda which he executed, a copy of his November 2002
Department of Defense Form 214 (Certificate of Release or Discharge from
Active Duty), and a copy of the 27 August 2003 electronic mail indicating
that he was not entitled to the bonus based on the service contract that he
executed.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant initially
enlisted in the United States Army Reserve for a period of 8 years on 5 May
1993.  As a result of that enlistment, his separation date would have been
established as
4 May 2001.

2.  On 22 September 1999 the applicant entered active duty as a member of
the Active Guard Reserve (AGR) program for a period of 3 years.  The orders
which ordered him to active duty for his AGR tour indicated that his REFRAD
(Relief from Active Duty) date was 21 September 2002.

3.  Army Regulation 140-111, which establishes the policies and procedures
for the United States Army Reserve Reenlistment Program, states that orders
will be issued for an AGR tour of duty without regard to the Soldier’s
current separation date.  During inprocessing if it is discovered that the
Soldier’s separation date will occur before the REFRAD date, procedures
will be immediately begun to extend the current enlistment to the REFRAD
date.

4.  Although not in records available to the Board, the applicant
telephonically confirmed that he did extend his 1993 enlistment contract in
order to have sufficient service to complete his AGR tour, in accordance
with the guidance of Army Regulation 140-111.

5.  A Department of the Army Form 1506 (Statement of Service for
Computation of Length of Service for Pay Purposes), executed on 2 October
2002, does indicate that the applicant had continuous United States Army
Reserve in service since his 1993 enlistment.

6.  On 1 November 2002 the applicant executed a Department of Defense Form
4/1 (Enlistment/Reenlistment Document-Armed Forces of the United States).
That contract indicates that he was “enlisting/reenlisting” in the United
States Army Reserve for a period of 6 years.  The “remarks” section of that
document notes “Reserve Component Enlistment Per AR 601-280, Chapter 7.”
His contract also included a Department of the Army Form 3540-R
(Certificate and Acknowledgement of U.S. Army Reserve Service Requirements
and Methods of Fulfillment).

7.  Included as addenda to the Department of the Army Form 3540-R were the
following three documents:

      a.  Department of the Army Form 5261-4-R (Student Loan Repayment
Program Addendum) indicating that he was “contracting to serve for 3 or
more years in the Selected Reserve” and that his military specialty had
been approved for “a maximum of $10,000 in loan repayments.”

      b.  Department of the Army Form 5261-5-R (Selected Reserve Incentive
Program-USAR Prior Service Enlistment Bonus Addendum) indicating that he
had less than 14 years of total military service and was enlisting for 6
years for a bonus of $5,000.  That same document contained a statement,
initialed by the applicant, which read that he was “not a previous
recipient of a bonus for enlistment, reenlistment, or extension of
enlistment in a reserve component.”

      c.  Department of the Army Form 5435-1-R (Statement of Understanding
– The Selected Reserve Montgomery GI Bill Kicker Program) indicating that
he was enlisting in the United States Army Reserve as a prior service
candidate and that he was entitled to the MGIB-SR Kicker incentive in the
amount of $100.00 per month for up to 36 academic months.

8.  The 27 August 2003 electronic mail, included with the applicant’s
petition to this Board, indicated that the applicant was “not entitled to a
prior service enlistment bonus” because he had received an enlistment bonus
as part of his initial enlistment in the United States Army Reserve.

9.  In the processing of this case, an Advisory Opinion was obtained from
the Office of the Deputy Chief of Staff, G-1, which states that the
applicant was erroneously enlisted under a Prior Service Enlistment
contract, when he should have been reenlisted instead.  Had he been
properly reenlisted he would have qualified for a reenlistment bonus of
$5000, a Student Loan Repayment Program of $10,000, and a monthly
Montgomery GI Bill Kicker of $100 as allowed by the approved First Half
Fiscal Year 2003 Selected Reserve Incentive Program in effect at that time.
 The opinion noted that it appears to have been an improper interpretation
of the Soldier’s status which resulted in the incorrect use of Army
Regulation 601-280 to enlist the applicant in November 2002, vice Army
Regulation 140-111, which should have been utilized to reenlist the
applicant.  The opinion recommended that the applicant be afforded an
opportunity to have the situation corrected by allowing the reenlistment
contract and all required incentives addenda to be prepared, antedated, and
returned to the Army Reserve for processing.  The opinion indicated that a
Department of the Army Form 5261-2-R (Reenlistment Bonus) and Department of
the Army Form
5261-4-R (Student Loan Repayment Program) were the appropriate addendums.

10.  The applicant was provided a copy of the advisory opinion and
concurred with the information contained in the opinion.

11.  Army Regulation 140-111 prescribes the eligibility criteria for
immediate reenlistment and extensions of selected reserve assignees,
including members on active duty in an AGR status.  It notes that a break
in military service occurs and Soldiers have no military status when they
do not immediately reenlist or extend within 24 hours after the expiration
of their term of service.  Soldiers applying for USAR membership after a
break in service are processed under Army Regulation 601-210 and will be
enlisted as prior service applicants.  Soldiers who are immediately
reenlisted are processed under Army Regulation 140-111.

12.  Army Regulation 601-280 prescribes the criteria for the Army Retention
Program and sets forth policies for the immediate reenlistment or extension
of enlistment of Soldiers currently serving in the Active Army or the
enlistment/transfer and assignment of Soldiers processing from the Active
Army to the Reserve Components of the United States Army.  That regulation
defines the Active Army as Regular Army Soldiers on active duty, and Army
National Guard and USAR Soldiers on active duty, except for National Guard
and USAR Soldiers in an Active Guard Reserve status.

13.  Army Regulation 140-111 states that the Department of Defense Form 4
series will be utilized for immediate reenlistment in the United States
Army Reserve and that a Department of the Army Form 3540-R would be
identified as an “annex” to the Department of Defense Form 4 series.
Addenda to the Form 3540-R, which identify the Selected Reserve Incentive
Programs (SRIP), are identified in Army Regulation 135-7.

14.  Army Regulation 135-7 states that Soldiers qualifying for SRIP
Reenlistment Bonus complete a Department of the Army Form 5261-2-R
(Selected Reserve Incentive Program-Reenlistment/Extension Bonus Addendum).
 To qualify for the Student Loan Repayment Program they execute a
Department of the Army Form 5261-4-R (Student Loan Repayment Program
Addendum) and a Department of the Army Form 5435-R for benefits associated
with the MGIB.

DISCUSSION AND CONCLUSIONS:

1.  Because the applicant would have had continuous membership in the
United States Army Reserve between May 1993 and the time he executed his
1 November 2002 contract, that contract should have been completed under
the policies and provisions of Army Regulation 140-111.  He clearly did not
fall under the provisions of Army Regulation 601-280, which was essentially
limited to Active Duty Soldiers other than those in an AGR status.  He also
was not “enlisting” as though he had a break in service and as such, Army
Regulation 601-210 would also have been inappropriate as a basis for his
contract.

2.  The advisory opinion confirms that the applicant was eligible for the
$5000.00 reenlistment bonus, participation in a Student Loan Repayment
Program of $10,0000.00, and a monthly MGIB Kicker of $100.00, and would
have received those incentives if the proper contract had been executed.

3.  In the interest of justice and equity, the applicant’s 1 November 2002
enlistment contract should be voided and he should be allowed to execute a
new antedated reenlistment contract, under the provisions of Army
Regulation
140-111, including the appropriate addenda to ensure entitlement to the
incentive programs he was qualified for at the time the incorrect contract
was completed.

BOARD VOTE:

___WM__  ___JM __  ___WP__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  voiding his 1 November 2002 enlistment contract 1 November 2002;


      b.  executing a new antedated reenlistment contract, under the
provisions of Army Regulation 140-111; and


      c.  including the appropriate addenda which would entitle the
applicant to the $5000.00 reenlistment bonus, a Student Loan Repayment
Program of $10,0000.00, and a monthly MGIB Kicker of $100.00 which he was
qualified for at the time the incorrect contract was completed.


                                  _____Walter Morrison________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106206                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050201                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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