RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20050009222


      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. W. W. Osborn, Jr.             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Qawly A. Sabree               |     |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 the Active Guard Reserve (AGR)
selective reenlistment bonus (SRB) that he reenlisted for.  As an alternate
option the applicant submitted a request for the Board to consider amending
his February 2005 reenlistment to show that he reenlisted following
completion of 17 months of continuous AGR service and any other date
adjustment that may be required to ensure SRB entitlement.

2.  The applicant states, in effect, that when he voluntarily entered the
AGR program the expiration of his term of service was 7 June 2007, but he
was required to have at least a 3-year commitment.  Since he was a staff
sergeant (SSG) with 10 or more years of active duty, he was required to do
an indefinite enlistment.  Sergeant First Class (SFC) D____ D____ informed
him that he was eligible for the SRB.  After reporting to his new duty
station he was informed by the Office of The Chief of the Army Reserve
(OCAR) that he did not qualify for the SRB.  Prior to being informed of
this alleged disqualification he had purchased a new car and a house,
thinking he would have the bonus money available to meet those financial
obligations.  He is now in serious financial trouble.  He would not have
undertaken the AGR commitment except for the SRB.  He feels that the Army
promised him this money and believes his contract should be honored as it
was written and agreed to.  In effect, he does not understand how his
commitment to serve can be considered binding on him if the promise to pay
the bonus is not binding upon the Army.

3.  The applicant provides copies of email messages about his case, an
unsigned Memorandum for Record (MFR), his DD Form 4/1
(Enlistment/Reenlistment Document), DD Form 4/2 (Certification of
Acceptance), DA Form 4789 (Statement of Entitlement Selective Reenlistment
Bonus), DA Form 1506 (Statement of Service-Computation of Length of Service
for Pay Purposes), his 15 January 2005 orders to active duty in AGR status,
an undated/unsigned policy implementation guidance about the SRB for AGR
Soldiers (7 pages with a staff coordination and routing sheet indicating
that the basic memorandum was released for coordination on 3 February 2005,
and the governing directive (MILPER Message Number 04-353 issued 29
December 2004).

CONSIDERATION OF EVIDENCE:

1.  The applicant, an Army Reserve Staff Sergeant completed a 1 year,
11 months, and 29 day tour of active duty on 25 January 2005.  He was
retransferred to a troop program unit upon release from active duty.  A
statement of service prepared on 2 February 2005 shows that he had a total
of 11 years,
10 months, and 7 days active duty and 1 year, 6 months, and 16 days of
inactive service for a total of 13 years, 4 months, and 23 days of service.

2.  On 2 February 2005 he reenlisted for an indefinite period and was
issued an AGR reenlistment control number.  Paragraph 8b of his DD Form 4/1
states:
“Indef Reenl (AGR/initial tour) IAW 140-111, chapter 8, and SRB designator
Zone C in MOS 44C for 18 years, bonus will be paid IAW message 04-353 and
future MILPER messages directing change.  I understand that my reenlistment
is for an indifinite period of time and I will be allowed to continue in an
AGR status until the retention control point (RCP) for my current grade, or
maximum age, whichever comes first.  The retention control point for my
current grade or maximum age, whichever comes first is 20130331.  I further
understand that if I am selected for promotion/promoted, reduced in rank or
become ineligible for continued service then I may be further retained or
separated IAW appropriate policies in effect at the time as prescribed by
the Secretary of the Army or applicable law.    Initials [the applicant's]
AGR Reenlistment Control Number: _AGRET 05036_     AGR bonus control
number:  CAI 0051”

3.  The DD Form 4/2 shows the applicant's enlistment was accepted by an SFC
and certified by a major, who administered the oath.

4.  The DA Form 4789 indicates the applicant's understanding that he was
receiving a reenlistment bonus for enlisting indefinitely in military
occupational specialty (MOS) 44C and that he would not receive any
additional installments if he did not complete the period or became
disqualified.

5.  The undated/unsigned policy implementation guidance cites MILPER
message 04-353.  Both lists MOS 44C as a bonus eligible MOS.  Both state
that there are three zones of enlistees.  Zone "A" is for reenlistees who
have between 17 months and 6 years continuous active duty (other than
active duty for training), Zone "B" is for Soldiers who have between 6 and
10 years active duty, and Zone "C" is for Soldiers who have between 10 and
16 years of active duty.  MILPER message 04-353 also provides that the DA
Form 4789 will be used to record the "written agreement" concerning the
bonus.

6.  During the processing of this case an advisory opinion was obtained
from the Army Reserve Active Duty Management Directorate, Human Relations
Command (HRC), St. Louis.  It recommended that the applicant’s request be
disapproved because "he did not have 17 months continuous active service at
the time of his reenlistment."
7.  The advisory opinion was provided to the applicant for comment or
rebuttal.  He responded that he believes his enlistment contract is a
binding agreement and that he does not understand how the Army can expect
him to serve out his contract while it reneges in its promise.

8.  Army Regulation 140-111 (U.S. Army Reserve Reenlistment Program), at
Table 3-1, Rule P, authorizes extension of AGR Soldiers whose expiration of
term of service (ETS) will occur prior to his or her release from active
duty (REFRAD) date.  The extended period will be the exact number of days,
or months, or years required to provide for simultaneous ETS and REFRAD
dates.  Any one enlistment/reenlistment cannot be extended beyond 4 years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's reenlistment documents, but especially the "AGR
Reenlistment Control Number", the "AGR Bonus Control Number", and the
wording of the DA Form 4789 clearly show that he contracted to receive the
SRB and that this action was then believed to have been in accordance with
the governing directive, MILPER message 04-353 and had been approved by a
higher headquarters.

2.  The evidence of record clearly shows that the applicant reenlisted in
good faith and it would now be appropriate to authorize an antedated
extension to meet the 3-year service remaining requirement to enter into
the AGR Program, correct his 2 February 2005 indefinite reenlistment to
show that he reenlisted on 1 July 2006 (a date after completion of 17
months continuous AGR service) with entitlement to the SRB and all other
provisions as currently shown on the
2 February 2005 contract, and paying any SRB payment that may now be due.

BOARD VOTE:

__ALR___  _LMB___  _QAS___  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:

      a.  executing any necessary extension document to meet the 3-year
service remaining requirement for entry into the AGR Program;

      b.  amend the date on the 2 February 2005 indefinite reenlistment
contract to show that this contract was executed on 1 July 2006 with SRB
and all other entitlements/requirements as stated in the 2 February 2005
contract; and

      c.  paying the applicant any SRB payments that may now be due.




                                  __       Allen L. Raub______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009222                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |.                                       |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|112.03                  |                                        |
|2.   128.05             |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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