RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060012595


	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.




	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, payment of the Prior Service Enlistment Bonus (PSEB) guaranteed in his 29 April 2002 Enlistment Contract (DD Form 4).

2.  The applicant states, in effect, that during his reenlistment processing at the Fort Dix, New Jersey, Military Entrance Processing Station (MEPS), he was not told that he had to be separated from the Army for 12 months in order to be eligible to receive a PSEB by recruiting personnel.  He indicates that at the time of his reenlistment, he had been separated from the Army for 10 months and the contract he entered into at that time confirms he was authorized a bonus with incentives.  The applicant further states that had he been told about the 12 month separation requirement, he would have waited the additional 2 months before reenlisting to ensure his eligibility for the PSEB.  He further claims that he has since been told by retention officials that this type of error happens quite often.

3.  The applicant provides a self-authored statement and a copy of his Enlistment/Reenlistment Document (DD Form 4/1) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he initially enlisted in the United States Army Reserve (USAR) and entered active duty on 17 November 1993.  He served on active duty in the USAR for 4 months and 14 days, until he was honorably released from active duty (REFRAD) at the completing of his initial active duty for training (IADT).  Upon his REFRAD, he was transferred to a USAR Troop Program Unit (TPU).  

2.  On 9 April 1996, the applicant entered the Pennsylvania Army National Guard (PAARNG) and he served in that status until being discharged under honorable conditions by reason of “unsatisfactory participation” on 2 July 2001.

3.  On 29 April 2002, the applicant enlisted in the USAR for six years.  A Selected Reserve Incentive Program-USAR Prior Service Enlistment Bonus Addendum (DA Form 5261-5-R) was completed during his enlistment processing.  Section II (Instructions) of this document confirms the service representative is responsible for reading and explaining the prior service enlistment bonus requirements outlined in the form.  


4.  Section III (Acknowledgment) of the USAR Prior Service Enlistment Bonus Addendum contains six statements.  One of the statements is "I have not previously received a bonus for enlistment, reenlistment, or extension of service in any Reserve Component of the Armed Forces" and a second statement is "I am not a previous recipient of a bonus for enlistment, reenlistment or extension of enlistment in a RC."

5.  Section V (Entitlement) of the DA Form 5621-5-R contains the statement “I have less than 14 years total military service and I am enlisting for 6 years for a bonus of $5,000.00."

6.  The applicant and service representative authenticated the USAR Prior Service Enlistment Bonus Addendum with their signatures in Section IX (Statement of Understanding).  The statement the applicant acknowledged his understanding of in this Section was "I have read and understand each of the statements above and have had my questions satisfactorily answered.  I understand the statements above are intended to constitute all promises and agreements, whatsoever, concerning my enlistment for prior service enlistment bonus.  Any other promise, representation, or commitment made to me in connection with my enlistment for this bonus must have been entered below in my own handwriting, or they are hereby waived."  

7.  On 8 March 2007, the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, recommended approval of the applicant’s request.  He stated that the applicant was erroneously enlisted for a PSEB of $5000.00, after being discharged from the ARNG after 10 months.  However, Army Regulation 135-7, paragraph 2-1.3b, in effect at that time when the applicant enlisted in the USAR, required Soldiers last discharged from the USAR and ARNG to be separated from military service for at least 
12 months in order to qualify for approval of a PSEB.  The Chief also stated that the Army granted an exception to policy to the 12 month waiting period for PSEB eligibility at the request of the ARNG on 24 February 2005, and that this policy is still currently in effect.  He further stated that although it is not retroactive, the policy was changed due to the changing circumstances and statutes that aligned enlistment bonuses for prior service and reenlistment.

8.  The applicant was forwarded a copy of the advisory opinion on 13 March 2007, for his comments and/or rebuttal.  To date, he has failed to respond.


9.  Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for the administration of the Army National Guard (ARNG) and USAR incentive programs.  The eligibility criteria for a prior-service selected Reserve reenlistment bonus contained in this regulation stipulates that the member can not have been previously paid a bonus for enlistment, reenlistment, or extension of an enlisted in any Reserve Component of the Armed Forces.

10.  Paragraph 2-1.3b of Army Regulation 135-7 provides the eligibility requirements necessary to receive a PSEB.  It states, it pertinent part, that a PSEB is offered to any person who if last discharged from the ARNG or USAR and has been out of the military service for at least 12 months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be paid the PSEB contractually agreed upon when he reenlisted in the Army has been carefully considered and found to have merit.  

2.  By regulation, a PSEB is offered to any person who if last discharged from the ARNG or USAR, has been out of the military service for at least 12 months.  The evidence of record confirms that from the time of the applicant’s last discharge from the PAARNG on 2 July 2001 until the time he reenlisted in the USAR on 
29 April 2002; he had been separated from military service for 9 months and 
27 days.  As a result, the regulatory requirement for receipt of an PSEB was not satisfied.  

3.  However, the evidence of record includes the applicant's enlistment contract of 29 April 2002, which contains a Selected Reserve Incentive Program-USAR Prior Service Enlistment Bonus Addendum that confirms he enlisted in the USAR for a period of 6 years and that he was entitled to a $5,000.00 bonus. These enlistment contract documents were authenticated by the recruiting Guidance Counselor on 29 April 2002, the date the applicant reenlisted and reentered active duty.  Thus, it would be appropriate to honor the commitment made to the applicant in his enlistment contract, and to provide him the PSEB he was promised as an exception to policy.  


BOARD VOTE:

___ENA _  __AU___  __REB __  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 showing that he is entitled to the $5000.00 Prior Service Enlistment Bonus promised in his enlistment contract of 29 April 2002; and that the Defense Finance and Accounting Service pay this bonus based on the terms of the original enlistment contract as an exception to policy. 




_____Eric N. Andersen ____
          CHAIRPERSON


INDEX

CASE ID
AR20060012595
SUFFIX

RECON
NO
DATE BOARDED
2007/05/17
TYPE OF DISCHARGE
NA
DATE OF DISCHARGE
NA
DISCHARGE AUTHORITY
NA
DISCHARGE REASON
NA
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
128.0500
2.

3.

4.

5.

6.