RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                 21 MARCH 2006
      DOCKET NUMBER:         AR20050006575


      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:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Robert Morig                  |     |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 his current enlistment contract be voided
and that he be allowed to renegotiate a new contract.

2.  The applicant states, in effect, that his enlistment contract promised
him a $5,000 prior service enlistment bonus and to date, the United States
Army Reserve (USAR) has refused to pay the bonus because he had under 14
years of service, which the recruiter miscalculated at the time of his
enlistment and has caused him to be deprived of his bonus.  He goes on to
state that if his contract is voided, he can renegotiate his contract for
different training and a $16,000 bonus for personnel under 16 years of
service.

3.  The applicant provides copies of his separation documents, current
enlistment contract, and a copy of a memorandum from his commander
attempting to obtain an exception to policy for him to receive the bonus.

CONSIDERATION OF EVIDENCE:

1.  After serving 8 years, 2 months and 4 days of active service in the
Marine Corps, he was honorably discharged on 21 August 1994, in the pay
grade of E-4, due to completion of required service.  He received
$12,630.25 in separation pay.

2.  On 9 October 1997, he enlisted in the California Army National Guard
(CAARNG) in the pay grade of E-5, for a period of 6 years.  He remained in
the CAARNG until 5 February 2001, when he transferred to the Idaho Army
National Guard (IDARNG).

3.  On 23 July 2001, he was honorably discharged from the IDARNG in
accordance with paragraph 8-26g(2), National Guard Regulation 600-200, due
to Erroneous Enlistment or Extension.  He had 15 years, 9 months and 21
days of service for pay purposes.  He was transferred to the USAR Control
Group (Reinforcement) and on 20 June 2002, he was assigned to a troop
program unit (TPU) in Boise, Idaho.  On 8 October 2003, he was honorably
discharged from the USAR.

4.  On 9 February 2004, he enlisted in the USAR in the pay grade of E-5 for
a period of 6 years, training as a health care specialist, a prior service
enlistment bonus of $5,000, a prior service Montgomery GI Bill Kicker of
$100 and enrollment in the Student Loan Repayment Program for up to
$10,000.  At the time of his enlistment he provided copies of his
separation documents (DD Form 214) and his USAR Prior Service Enlistment
Bonus Addendum omitted in Section V, the number of years required to
qualify for the bonus.  Additionally, the applicant’s enlistment contract
(DD Form 4/1) was not completed to add the applicant’s previous military
service upon enlistment.

5.  He successfully completed his training and on 28 December 2004, he was
ordered to active duty with his unit for a period of 545 days, in support
of Operation Iraqi Freedom.  On 11 February 2005, his commander initiated a
memorandum requesting that the applicant be paid his enlistment bonus as an
exception to policy.  There is no evidence of the outcome of that request.

6.  There is no evidence in the available records to show that the
applicant applied for a breach of contract in his case.

7.  Army Regulation 601-210, Regular Army and Army Reserve Enlistment
Program provides, in pertinent part, that when a breach of enlistment
commitment occurs, the service member has a reasonable time to present a
claim (The time period is normally 30 days).  The time period starts from
the date the member is informed that his or her commitment will not be
honored, or he or she discovers that the commitment has been breached.

8.  Army Regulation 135-7, Army National Guard and Army Reserve Incentive
Programs, provides, in pertinent part, that the prior service enlistment
bonus is offered to eligible persons with prior service who enlist in the
USAR and contract to serve in a TPU of the Selected Reserve in a designated
military occupational specialty announced by the Department of the Army.
The incentive offers $2,500 for an enlistment to serve 3 years in a TPU or
$5,000 for an enlistment to serve 6 years in a TPU.  It is offered to
persons who have completed their statutory service obligation and have less
than 10 years of total military service and who have been out of the
military service for at least 12 months.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly establishes that a commitment was made
to the applicant that he was to receive a $5,000 prior service enlistment
bonus.  The evidence also establishes that his contract was not completed
to reflect any of his prior service, despite his providing copies of his DD
Form 214’s documenting his service and the addendum omitted the portion
indicating that he had less than 10 years of military service.

2.  While the applicant is requesting that his contract be voided, to do so
would result in a loss of his service already performed, to include a
deployment in Iraq and it would possibly result in a loss of or recoupment
of benefits.  Additionally, it would also provide him undue enrichment that
he otherwise would not have been entitled to receive had his bonus been
paid as promised.

3.  There is also no evidence that the applicant applied for a breach of
contract in his case when he discovered that his contract would not be
honored, which would have allowed him to be discharged and credited with
the service he performed and to negotiate another contract if he chose to
do so.

4.  Accordingly, the only reasonable solution to this case is to grant the
applicant an exception to policy and pay him the Prior-Service Enlistment
Bonus that he was promised, without regard to the amount of service he has
served.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JS___  ___YM __  ___RM__  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 partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by paying the individual concerned the Prior-Service
Enlistment Bonus of $5,000 that is indicated on his enlistment contract, as
an exception to policy and without regard to the amount of military service
he has performed.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
his request to void his enlistment contract.




                                  _____John Slone___________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050006575                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060321                                |
|TYPE OF DISCHARGE       |N/A USAR-TPU Soldier                    |
|DATE OF DISCHARGE       |N/A USAR-TPU Soldier                    |
|DISCHARGE AUTHORITY     |N/A USAR-TPU Soldier                    |
|DISCHARGE REASON        |N/A USAR-TPU Soldier                    |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |228/VOID CONTRACT                       |
|1.112.0600              |                                        |
|2.112.0400              |226/BKN ENL CONT                        |
|3.128.1400              |297/BONUS                               |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]