RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 October 2005
DOCKET NUMBER: AR20050002369
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 |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. John T. Meixell | |Chairperson |
| |Mr. James B. Gunlicks | |Member |
| |Ms. Jeanette R. McCants | |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, in effect, correction of his reenlistment
contract
(DD Form 4) be corrected to show he reenlisted in January 2005 instead of
December 2004, as is currently listed.
2. The applicant states, in effect, he planned to reenlist on 4 January
2005 for three years. He states he wanted to wait until that date, because
he would have gone over four years in service for pay purposes, and he
would have been deployed in Iraq, which would have made his bonus tax free.
He planned on receiving a selective reenlistment bonus (SRB) of 2.5A,
which would have allowed a maximum of $20,000.00. He states that on 30
December 2004, his career counselor notified him that a Military Personnel
(MILPER) Message (MSG) just issued lowered his bonus authorization to an
SRB of 1.5A, effective
1 January 2005. On 6 January 2005, MILPER MSG 05-004 was released and
indicated that his SRB rate was not scheduled to be lowered until 30
January 2005, which means he remained eligible for bonus on the date and
under the circumstances he originally planned on.
3. The applicant provides a self-authored statement and MILPER MSGs 04-355
and 05-004 in support of his application.
CONSIDERATION OF EVIDENCE:
1. As of the date of his application to the Board, the applicant was
serving on active duty, in the rank of sergeant (SGT).
2. On 30 December 2004, the applicant reenlisted for three years.
3. In connection with the processing of this case, an advisory opinion was
obtained from the Human Resources Command (HRC) Chief, Force Alignment
Division. This official recommended approval of the applicant request to
cancel his three-year reenlistment of 30 December 2004. He indicated that
it would be appropriate to correct the applicant’s reenlistment contract to
show he reenlisted on 7 January 2005, for three years. He also indicated
that the annexes to the applicant’s reenlistment contract should be
corrected to show he was entitled to a SRB of 2.5A and to a lump sum
payment in accordance with MILPER MSG 05-004. He further commented that
the local finance office should recalculate and pay or recoup any portion
of the applicant’s reenlistment bonus for his
30 December 2004 reenlistment. On 16 February 2005, the applicant was
provided a copy of the HRC advisory opinion in order to have the
opportunity to respond. To date, he has failed to reply.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s request to correct his record to show he reenlisted in
January 2005, as opposed to December 2004 was carefully considered and
found to have merit. The evidence of record confirms the applicant
reenlisted early in order to obtain the most favorable bonus conditions
based on erroneous information and advise he received regarding his bonus
entitlement.
2. As confirmed by the HRC advisory opinion, the applicant was entitled to
receive the 2.5 A SRB lump sum payment he expected in conjunction with his
reenlistment in January 2005. Therefore, given this was his original
intent, his record should be corrected to show he reenlisted on 7 January
2005, instead of 30 December 2004, and by providing him the bonus to which
he was entitled on that date based on his assignment location at the time.
BOARD VOTE:
___JTM__ ___JBG ___JRM__ 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
showing he reenlisted for three years on 7 January 2005, instead of
30 December 2004, and by providing him the 2.5A SRB to which he was
entitled based on his assignment location on the date of his reenlistment,
minus any reenlistment bonus he received in connection with his voided 30
December 2004 reenlistment.
____John T. Meixell______
CHAIRPERSON
INDEX
|CASE ID |AR20050002369 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/10/20 |
|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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