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ARMY | BCMR | CY2005 | 20050005895C070206
Original file (20050005895C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            14 March 2006
      DOCKET NUMBER:   AR20050005895


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Mr. Larry Racster                 |     |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 authorized payment of an Active
Guard/Reserve (AGR) reenlistment bonus.

2.  The applicant states, in effect, that his actual expiration of term of
service (ETS) was 11 May 2005 and he reenlisted on 18 November 2004,
without knowledge of an upcoming bonus.  He goes on to state that had he
known that a bonus was going to be authorized for his military occupational
specialty (MOS), he would have reenlisted after 1 January 2005.  He further
states that he serves as a retention noncommissioned officer (NCO) and
performs his duties and the duties of another AGR position that has been
vacant for over a year.  He continues by stating that he is about to take
over yet another position, in addition to the two positions he already
takes care of and he reenlisted early to get it out of the way and allow
him to perform the many duties he was responsible for.

3.  The applicant provides two letters of support, a copy of his
reenlistment contract, and a copy of the message authorizing a Selective
Reenlistment Bonus (SRB) for AGR personnel effective 1 January 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant, an AGR NCO serving in the pay grade of E-7, with an ETS
of 11 May 2005, reenlisted in Rochester, New Hampshire, on 18 November
2004, for an indefinite period, in MOS 79V (Retention and Transition NCO).

2.  On 29 December 2004, Military Personnel (MILPER) Message Number
04-353; Implementation of SRB for United States Army Reserve (USAR) AGR
Soldiers, announced the implementation of a SRB for the USAR AGR force to
be effective 1 January 2005.  The message announced a list of 16 different
MOSs that were authorized a SRB and the applicant’s MOS was one the
specialties listed.

3.  The supporting statements from the Chief, Retention and Transition
Office and the Retention sergeant major of the 94th Regional Readiness
Command indicate that they supported the applicant’s decision to reenlist
at the time; however, had they known that a bonus was going to be
authorized, they would have encouraged the applicant to wait.  Both
officials support his request to be authorized a bonus.


4.  Army Regulation 601-280, Army Reenlistment Program, prescribes the
policies and instructions for administration of the SRB Program.  It
provides, in pertinent part, that the SRB Program is a retention incentive
paid to Soldiers in certain selected MOSs who reenlist or voluntarily
extend their enlistment for additional obligated service.  The objective of
the SRB Program is to increase the number of reenlistments or extensions in
critical MOSs that do not have adequate retention levels to man the career
force.  Year Group management will be the main technique used to determine
if a SRB applies and MOSs designated for the SRB Program will be announced
by messages from the Department of the Army.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  Since there is no way the applicant could have been aware that an SRB
was going to be authorized for his MOS, it appears that it was simply his
intent to reenlist without regard to any bonus entitlement.

3.  Although it is understandable that the applicant is disappointed in not
receiving a bonus that was announced for his MOS 42 days after he
reenlisted, financial gain is not a basis to correct the applicant’s
records.

4.  It is further noted that the applicant is a Retention NCO and should be
fully aware that advance notice is not made for changes to the SRB Program,
whether it be to add or delete a MOS from the SRB Program and that there
are advantages and disadvantages sometimes associated with reenlisting
early or late.

5.  Notwithstanding the applicant’s explanation and supporting documents,
it would be inequitable to grant the applicant a SRB because it would
afford him a benefit not afforded all others in similar circumstances who
reenlisted prior to the SRB message being disseminated.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__KN ___  __LB  ___  ___LR __  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.





                                  _____Kathleen Newman______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005895                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060314                                |
|TYPE OF DISCHARGE       |N/A RC Soldier on AD (AGR)              |
|DATE OF DISCHARGE       |N/A RC Soldier on AD (AGR)              |
|DISCHARGE AUTHORITY     |N/A RC Soldier on AD (AGR)              |
|DISCHARGE REASON        |N/A RC Soldier on AD (AGR)              |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |283/SRB                                 |
|1.128.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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