RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          19 October 2005
      DOCKET NUMBER:  AR20050000145


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Barbara Ellis                 |     |Chairperson          |
|     |Mr. Hubert Fry                    |     |Member               |
|     |Mr. Robert Rogers                 |     |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 he be paid the $5000 Prior Service
Enlistment Bonus for which he enlisted.

2.  The applicant states, in effect, when he signed the 6 year enlistment
contract it was on the assumption he was eligible for the $5000 bonus;
otherwise, he would never have signed it.  He points out that he initiated
an Inspector General inquiry in April 2004 concerning the enlistment bonus
that was written in his enlistment contract, that an investigation was
conducted, and that it was determined the applicant's counselor had
erroneously offered him the $5000 enlistment bonus that he was not eligible
to receive.  He also indicated that he was instructed to apply to this
Board for relief, drop the issue, or apply for discharge.  He indicates he
has been involuntarily extended and has never initiated paperwork to get
out of the mobilization, that he has been fulfilling his obligations of his
contract to the Army, and that he requests the Army uphold its promise to
him or release him from the service.

3.  The applicant provides a copy of the Army Regulation 15-6 investigation
report for his case; his enlistment contract; an excerpt from Army
Regulation 635-200 (Active Duty Enlisted Administrative Separations),
chapter 7-16; and excerpts from Army Regulation 601-210 (Regular Army and
Reserve Enlistment Program), chapters 8-4, 8-5, and 8-6.

CONSIDERATION OF EVIDENCE:

1.  Having prior service (12 years, 4 months, and 27 days of creditable
active service; and 3 years, 1 month, and 4 days of inactive service), the
applicant enlisted in the U. S. Army Reserve (USAR) on 17 May 2003 for a
period of 6 years.  His DD Form 1966/3 (Record of Military Processing -
Armed Forces of the United States) shows he enlisted for a $5000 Prior
Service Enlistment Bonus.

2.  Between June and August 2003, the applicant submitted paperwork
numerous times for bonus payment through his chain of command.  In July
2004, a Report of Investigation was conducted to determine if the
applicant's counselor made false promises to the applicant about an
enlistment bonus.  The Report of Investigation indicates that the
applicant's counselor admitted fault in writing an improper contract for
the applicant and that he was unaware that inactive service time counted
toward a Soldier's total service.  The investigating officer found that the
allegation was unsubstantiated and recommended that the counselor receive
training on eligibility requirements pertaining to Soldier incentives.  The
Commanding Officer concurred with the investigating officer's findings that
the allegation was unsubstantiated.
3.  In the processing of this case, an advisory opinion was obtained from
the Incentives and Budget Branch, Enlisted Accessions Division, Office of
the Deputy Chief of Staff, G-1, in Washington, D.C.  That office points out
that the law, Title 37, Section 308i, specifies that an individual is
eligible for the Selected Reserve Prior Service Enlistment Bonus if they
have less than 14 years of total military service at the time of
enlistment.  The applicant's records show he had accumulated in excess of
14 years total military service at the time of enlistment and by law did
not qualify for this incentive.  That office points out that it seems as
though the Military Entrance Processing Station (MEPS) representative, in
the rush to access this individual into the Selected Reserve, did not know
what service time counted towards the "less than 14 years of total military
service" established by law.  The applicant definitely thought he was
qualified to receive the $5000 bonus and the MEPS counselor did as well.
In closing, that office states, "Within the powers of the ABCMR [Army Board
for Correction of Military Records], it would probably be in the best
interests of the Service and the individual in honoring the commitment made
to [applicant's name], if you're legally able to do so."

4.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  On 13 September 2005, the applicant concurred with
the advisory opinion.

5.  Title 37, United States Code, Section 308i, provides for special pay
(Prior Service Enlistment Bonus).  It states, in pertinent part, that a
person who is a former enlisted member of an Armed Force who enlists in the
Selected Reserve of the Ready Reserve of an Armed Force for a period of six
years in a critical military skill is eligible for a $5000 bonus if he or
she has completed a military service obligation, but has less than 14 years
of total military service, and received an honorable discharge at the
conclusion of that military obligation.

6.  Title 10, U. S. Code, section 1552, the law which provides for the
Board, states, “The Secretary may pay, from applicable current
appropriations, a claim for the loss of pay, allowances, compensation,
emoluments, or other pecuniary benefits, or the repayment of a fine or
forfeiture, if, as a result of correcting a record under this section, the
amount is found to be due the claimant on account of his or another’s
service in the Army, Navy, Air Force, Marine Corps or Coast Guard, as the
case may be.”

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted for the $5000 Prior
Service Enlistment Bonus.  He enlisted in the USAR in good faith for 6
years believing he qualified for the enlistment bonus, as did his
counselor.
2.  The applicant was subsequently informed that, by law, he did not
qualify for this incentive because he had over 14 years of total military
service at the time of this enlistment.

3.  Records show that his counselor admitted fault in writing an improper
contract for the applicant and that he was unaware inactive service time
must be computed into the Soldier's total service period when determining
bonus eligibility.

4.  It appears that an injustice has occurred in this case.  Therefore, it
would be equitable to pay the applicant the $5000 bonus outlined in his
enlistment contract.

5.  The applicant’s military records may be corrected to show his DD Form
 1966 was amended to include the sentence, “If officials processing you for
enlistment determine you are eligible for payment of a Prior Service
Enlistment Bonus and you are later found to be ineligible for a Prior
Service Enlistment Bonus, resulting in nonpayment of that bonus, the Army
Board for Correction of Military Records may pay the bonus, at its sole
discretion, in accordance with Title 10, U.S. Code, section 1552.”  This
would allow the Board to invoke that provision and pay him the Prior
Service Enlistment Bonus promised him under the terms of his enlistment
contract.

BOARD VOTE:

BE_____  HF______  RR_____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief.  As a result, the Board recommends
that the applicant's DD Form 1966 be amended to include the sentence, “If
officials processing you for enlistment determine you are eligible for
payment of a Prior Service Enlistment Bonus and you are later found to be
ineligible for a Prior Service Enlistment Bonus, resulting in nonpayment of
that bonus, the Army Board for Correction of Military Records may pay the
bonus, at its sole discretion, in accordance with Title 10, U.S. Code,
section 1552.”
2.  That as a result of the foregoing correction the Defense Finance and
Accounting Service shall pay to the applicant the $5000 Prior Service
Enlistment Bonus in accordance with the terms of his enlistment contract,
at the appropriate time and rate.




            ___Barbara Ellis______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000145                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051019                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.1100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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