RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 December 2005
      DOCKET NUMBER:  AR20050004551


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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 a Broken Service Selective
Reenlistment Bonus (BSSRB).

2.  The applicant states he had prior service in the Regular Army (RA).  He
enlisted in the Army Delayed Entry Program (DEP) on 1 December 2004,
signing a Statement of Understanding, which included the BSSRB.  When he
reported for induction on 1 February 2005, he brought his Statement of
Understanding with him and asked about his bonus.  He was told he
qualified.  He was discharged from the DEP and enlisted in the RA.  When he
arrived at his duty station and turned in his paperwork, he was told the
BSSRB was not part of his contract.

3.  The applicant also states he is a college graduate and enlisted for the
BSSRB in order to help pay his student loans.  He has consulted with the
Staff Judge Advocate's Office, the Post Retention Office, and the Inspector
General at Fort Lewis.  The Army Board for Correction of Military Records
is his last resort to obtain his bonus and his only other option is to
separate for a defective contract.

4.  The applicant provides a copy of a computer-generated Statement of
Understanding-Regular Army Enlistment Delay for Applicants with Prior
Service or an Existing Military Service Obligation, dated 1 December 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is on active duty in the RA serving at Fort Lewis,
Washington, as a Specialist (SPC/E-4) in military occupational specialty
(MOS) 11B (Infantryman).

2.  The applicant had prior service as an infantryman from 11 August 1994
to 26 February 1999.

3.  On 1 December 2004, the applicant enlisted in the Army DEP for Program
9B (US Army Station/Unit/Area/Command Enlistment Program-Ft. Lewis), and
for Program 9C (US Army Incentive Enlistment Program-Prior Service
Selective Reenlistment Bonus (Option 470)).  He also enlisted for MOS 11B.
The above options are spelled out in a Statement of Understanding-Regular
Army Enlistment Delay for Applicants with Prior Service or an Existing
Military Service Obligation, dated 1 December 2004, and signed by the
applicant.

4.  On 1 February 2005, the applicant was separated from the DEP and
enlisted in the RA for 3 years.  The Statement for Enlistment-United States
Army Enlistment Program, dated 1 February 2005, only reflects the applicant
enlisted for Program 9B; Program 9C is not shown on this document.
Furthermore, DD Form 1966/4 (Record of Military Processing) contains a
statement in the remarks section that says:

        Called MS. [XXX] at EIS to check to see if this individual was
        authorized option 470.  Ms. [XXX] said that he had been out longer
        than 90 days and that there was no re-enlistment bonus at this
        time.  Advance promotion to E-4 per AR 601-210 para 2-20 Applicant
        received a bachelor's degree.  317A1

5.  The Force Alignment Division, US Army Human Resources Command (HRC),
Alexandria, Virginia rendered an advisory opinion that stated recruiter
error occurred in that the applicant was not properly advised on his
eligibility for the BSSRB.  The opinion stated the applicant reenlisted as
an E-4 for 3 years in MOS 11B on 1 February 2005.  He did not meet the
criteria outlined in Army Regulation (AR) 601-210, paragraph 3-35c (sic)
for entitlement to a BSSRB.  The opinion noted that a Soldier must have
more than 3 months and less than a 4 year break in service from the RA
immediately before the date of reenlistment.  The applicant had 5 years,
11 months and 5 days of [break in] federal service (sic).  The advisory
opinion recommended disapproval of his request.

6.  On 28 July 2005, the HRC advisory opinion was referred to the applicant
for comment or rebuttal, and he failed to respond.

7.  AR 601-210 (Regular Army and Army Reserve Enlistment Program)
prescribes eligibility criteria governing the enlistment of persons, with
or without prior service, into the RA and the Army Reserve.  It also
prescribes the policies governing the eligibility criteria for the BSSRB.
The regulation provides that those Soldiers separated from active duty less
than 48 months, and holding a qualifying MOS with the appropriate skill
level at the time of reenlistment, may be authorized a BSSRB based on the
current military personnel (MILPER) message published by the HRC.

8.  MILPER Message 04-102, dated 8 March 2004 and in effect when the
applicant reenlisted, clarified the BSSRB and listed MOS's eligible for the
bonus. MOS 11B was not listed as an eligible MOS.
DISCUSSION AND CONCLUSIONS:

1.  When the applicant enlisted in the DEP on 1 December 2004, his
recruiter told him he qualified for the BSSRB and included that enlistment
option on the applicant's contract.  Two months later when he enlisted in
the RA on 1 February 2005, the applicant stated he asked the "counselor"
about the BSSRB and was assured he would receive it.  However, when he
filed for the bonus at Fort Lewis (his first permanent duty station), he
was told he did not qualify.

2.  The BSSRB option was recorded on the applicant's DEP enlistment
contract signed on 1 December 2004.  His Statement for Enlistment signed on
1 February 2005 does not contain the BSSRB as an option, and a remark on
his DD Form 1966/4 indicates he did not qualify for the BSSRB.

3.  The applicant's statement that he was never told he did not qualify and
would not receive a BSSRB cannot be confirmed and seems dubious in light of
a later signed Statement for Enlistment that omits the BSSRB option.  A
review of pertinent regulations and MILPER messages confirms the applicant
did not qualify for a BSSRB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__slp___  __mhm___  __alr___  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.



                                        Shirley L. Powell
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004551                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051213                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.1100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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