RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 April 2007
      DOCKET NUMBER:  AR20060012681


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 he be provided the $15,000.00
reenlistment bonus he was promised in conjunction with his six year
enlistment in the United States Army Reserve (USAR) of 16 May 2005, or that
his reenlistment contract be reduced to one year.

2.  The applicant states, in effect, that when he went to the recruiting
station he had no intention of enlisting for six years.  His intent was to
join the USAR on a one year contract to see if it was something he wanted
to do.  However, he claims the recruiter told him he could get a $15,000.00
bonus if he joined for six years.  He claims he is now being told by his
unit that he is not eligible for the bonus because he received a
reenlistment bonus while he was in the Army National Guard (ARNG).  He
states that after reviewing the contract with unit personnel, he sees where
he was not eligible for the bonus, but he claims he was not informed of
this by either the recruiter or the Guidance Counselor at the Military
Entrance Processing Station (MEPS).  He states that if they had asked if he
received a bonus in the past, he would have let them know he had and then
he would have gone back to a one year enlistment.  He states that he enjoys
being a member of the USAR and has enjoyed his 15 plus years of service and
he wants to continue to serve his country for as long as he is able;
however, he needs to have this matter resolved before he moves on.  He is
requesting that either he receive the bonus he enlisted for, or that his
contract be reduced to one year.

3.  The applicant provides a self-authored statement in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he served on active duty in the
Regular Army for 3 years, 1 month and 20 days, from 27 October 1988 through

16 December 1991, at which time he was honorably released from active duty
(REFRAD) and transferred to a USAR Troop Program Unit (TPU).  He continued
to serve in the USAR until being honorably discharged, in the rank of
specialist (SPC), on 29 October 1996.

2.  On 12 July 1997, the applicant entered the ARNG and he served in that
status until being honorably discharged on 11 July 1998.

3.  On 16 May 2005, the applicant enlisted in the USAR for six years.  A
Selected Reserve Incentive Program-USAR Prior Service Enlistment Bonus
Addendum 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.  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."

6.  The applicant submitted a request for an exception to policy asking
that he either be paid the prior service reenlistment bonus, or that the
term of his enlistment be changed from 6 to 1 year.

7.  On 2 April 2006, the applicant's garrison commander, a colonel,
submitted a Memorandum For Record stating that he supported either the
exception to policy to pay the bonus or amendment of the applicant's
enlistment contract as requested.  He indicated his support was based on
the applicant's situation being through no fault of his own.

8.  On 17 May 2006, the Chief, Retention & Transition Office, 99th Regional
Readiness Command (RRC), recommended approval of the exception to policy on
the applicant.  He indicated that the applicant's bonus was denied because
he had received a prior enlistment bonus from the ARNG.  He stated that the
applicant was told he was eligible for the bonus and signed the applicable
contract.  He concludes by stating this was an oversight on the part of the
recruiter and not the applicant.

9.  On 26 July 2006, the Army Reserve G-1, United States Army Reserve
Command (USARC) disapproved the applicant's request for an exception to
policy.  The basis for the disapproval was that in order to be eligible for
a prior service enlistment bonus at the time of the applicant's
reenlistment, a member must not have previously received a bonus.  The
applicant's record confirms he received a bonus from the ARNG and
therefore, he was not eligible to receive the bonus in question.  This
official further indicated that the applicant's request to reduce his term
of service from 6 to 1 year could not be approved at that level, and
recommended the applicant apply to this Board to receive a determination on
that portion of his request.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should either receive the $15,000
Prior Service Enlistment Bonus promised in his reenlistment contract of 16
May 2005, or that his term of enlistment should be changed from 6 to 1 year
was carefully considered.  However, there is insufficient evidence to
support granting the requested relief.

2.  By regulation, in order to be eligible for a prior-service Selected
Reserve reenlistment bonus a member must not have previously been paid a
bonus for enlistment, reenlistment, or extension of an enlisted in any
Reserve Component of the Armed Forces.

3.  The evidence of record confirms the applicant was paid a bonus by the
ARNG for a previous period of service in that RC.  Further, in the USAR
Prior Service Enlistment Bonus Addendum completed on the applicant during
his processing for his 16 May 2005 enlistment in the USAR specifically
outlined the eligibility criteria for receipt of the bonus in question,
which included the requirement that the member must not have previously
been paid a bonus for enlistment, reenlistment, or extension of an
enlistment in any Reserve Component of the Armed Forces.

4.  The applicant authenticated the USAR Prior Service Enlistment Bonus
Addendum with his signature and attested to the fact that he had read and
understood all the terms contained in the Addendum.  As a result, absent
any indication from the service representative in question admitting that
the applicant was not properly counseled, based on his signature on the
addendum, it must be presumed that he was aware of the requirements for
receipt of the bonus in question.  Therefore, there is an insufficient
evidentiary basis to support granting the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__CG   __  __MJF __  __EEM __  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.




                                  _____Curtis Greenway____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012681                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/04/12                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |128.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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