RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 November 2005
DOCKET NUMBER: AR20050005996
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. Michael J. Fowler | |Analyst |
The following members, a quorum, were present:
| |Mr. Stanley Kelley | |Chairperson |
| |Ms. Diane J. Armstrong | |Member |
| |Ms. Delia R. Trimble | |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, that his reenlistment date be
changed to October 1999 so that he may be eligible to receive a
reenlistment bonus.
2. The applicant states, in effect, that prior to his reenlistment he was
an 11B3V in Zone B (reenlistments between 6 and 10 years of active
service). He further states the bonus 2B for Military Occupational
Specialty (MOS) 11B3V was available but he was unaware of his eligibility
or that he could reenlist outside of his window to receive the bonus for
MOS 11B3V. He concludes if he had known he was eligible he would have
reenlisted for 6 years in October 1999 and received the bonus.
3. The applicant provides a DD Form 4/1 (Enlistment/Reenlistment Document-
Armed Forces of the United States), dated 25 September 2000.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 16 August 1991. He was
promoted to SSG, E-6 on 1 March 1998 in MOS 11B3V.
2. By memorandum dated 29 October 1999, U.S. Total Army Personnel Command
(PERSCOM) informed the applicant that his request for voluntary
reclassification from 11B to 79S was approved.
3. DA Forms 2166-7 (Non-commissioned Officer Evaluation Report) for the
periods January 1999 through December 1999, January 2000 through May 2000,
and June 2000 through May 2001 show that the applicant served as a
Battalion Career Counselor during the above rating periods.
4. A DD Form 4/1 dated 25 September 2000, item B (Agreements) shows that
the applicant agreed to a 5 year regular reenlistment with no bonus
entitlement.
5. In the processing of the case, an advisory opinion was obtained from
the Army Human Resources Command (AHRC). AHRC stated in accordance with
Army Regulation 601-280 (Army Retention Program) to receive a bonus the
Soldier must: reenlist for continued active duty in the primary MOS held at
discharge or in an MOS within the normal line of progression for the
primary MOS held at discharge. The advisory opinion stated that MOS 79S
shows on his NCOERs from January 1999 through May 2001.
6. The advisory opinion further stated that MOS 79S is not the normal line
of progression for MOS 11B and he was not eligible for an 11B3V B Zone
bonus in October 1999 or in September 2000.
7. Paragraph 5-12 of Army Regulation 601-280 states that the purposes of
the Enlisted Bonus (EB), Broken Service Selective Reenlistment Bonus
(BSSRB), and Selective Reenlistment Bonus (SRB) programs are to induce
Soldiers to enlist or reenlist in critical MOSs and serve in those MOSs for
the entire time of the enlistment or reenlistment.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that the applicant served in MOS 79S prior to
October 1999. The advisory opinion states that MOS 79S is not the normal
progression for MOS 11B. He voluntarily reclassified into MOS 79S on
29 October 1999. Presumably, he initiated his request prior to October
1999. The purpose of the reenlistment bonus is to induce Soldiers to
enlist or reenlist in critical MOSs and serve in those MOSs for the entire
time of the enlistment or reenlistment.
2. There is no evidence and the applicant has not provided evidence which
shows the September 2000 reenlistment is inaccurate or that he met the
regulatory criteria for reenlistment in October 1999 for an enlistment
bonus in MOS 11B. Based on the applicable regulation, the reenlistment is
correct as constituted and the applicant has failed to meet the burden of
proof to change his reenlistment. Therefore, there is no basis for change
of the contested reenlistment.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__SK ___ __ DJA _ __ DRT _ 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.
_____ Stanley Kelley ____
CHAIRPERSON
INDEX
|CASE ID |AR20050005996 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |8 November 2005 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |100.0200.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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