RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 MAY 2006
DOCKET NUMBER: AR20050014427
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. William Blakely | |Chairperson |
| |Mr. Robert Osborn | |Member |
| |Mr. Jerome Pionk | |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 his prior service enlistment
bonus.
2. The applicant states, in effect, that he was entitled to receive a
prior service enlistment bonus for his enlistment and it was never paid.
3. The applicant provides a copy of a letter from the United States Army
Reserve Command (USARC), Fort McPherson, Georgia, and documents related to
his contact with his Congressional representative.
CONSIDERATION OF EVIDENCE:
1. On 12 January 2001, the applicant was honorably discharged from the
Indiana Army National Guard due to the expiration of his term of service.
His National Guard Bureau Form 22 indicates that he had 9 years of service
for pay purposes.
2. On 26 April 2004, the applicant enlisted in the Army Reserve in the pay
grade of E-4 for a period of 3 years, a prior service enlistment bonus of
$2,500 and participation in the Student Loan Repayment Program for up to
$10,000 for prior-service.
3. His enlistment contract specified and he acknowledged that he
understood that the initial payment would be $1,250 and the remainder would
be paid in increments upon successful completion of each year of service.
4. He was ordered to active duty in support of Operation Iraqi Freedom on
7Â September 2004 and on 18 February 2005, he was honorably discharged under
the provisions of Army Regulation 635-40, paragraph 4-24B(3) due to
disability with severance pay. He received $3,915.60 in severance pay
benefits.
5. In the processing of this case a staff member of the Board contacted
officials at the Defense Finance and Accounting Service (DFAS) at Fort
McCoy, Wisconsin to ascertain if the applicant had received a bonus.
Officials at that office indicated that the applicant’s records do not
indicate a bonus payment.
6. Army Regulation 135-7 prescribes the criteria for payment of the Prior-
Service Enlistment Bonus. It provides, in pertinent part, that the $2,500
bonus is paid for a 3-year enlistment in a troop program unit and the
initial payment consists of $1,250 with the remainder being paid upon
completion of each of the 3 years of service completed.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant enlisted for a
$2,500 prior-service enlistment bonus.
2. Therefore, the applicant was eligible to receive $1,250 for his initial
payment. However, since he did not complete his first year, he is not
entitled to receive the additional incremental payments that would normally
accrue upon successful completion of each year of service.
3. Accordingly, it would be in the interest of justice at this time to pay
him his initial payment of $1,250.00 in accordance with his enlistment
contract, less any taxes that may be required to be deducted.
BOARD VOTE:
____WB_ ___RO __ ___JP___ 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
paying the applicant the initial $1,250.00 of his prior-service enlistment
bonus, less any taxes due (if applicable).
______William Blakely_______
CHAIRPERSON
INDEX
|CASE ID |AR20050014427 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060525 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |20050218 |
|DISCHARGE AUTHORITY |AR 635-40, Para 4-24B(3) |
|DISCHARGE REASON |DISABILITY, SEVERANCE PAY |
|BOARD DECISION |(GRANT) |
|REVIEW AUTHORITY |AR 15-185 |
|ISSUES |288/PS ENL BONUS |
|1.128.0500 | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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