RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         17 October 2006
      DOCKET NUMBER:  AR20050017697


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, payment of the Prior Service
Enlistment Bonus (PSEB) he was guaranteed in his 15 August 2003 Enlistment
Contract (DD Form 4).

2.  The applicant states, in effect, he was guaranteed a PSEB in the amount
of $2,500.00 at the time he entered into his 3-year enlistment contract on
15 August 2003.  He claims he was supposed to receive an immediate payment
of $1,250.00, with follow-on incremental payments of $416.66 upon
completion of each year of his enlistment.  He claims all his prior service
documents, to include his separation document (DD Form 214) were presented
to recruiting officials at the time of his enlistment.

3.  The applicant provides the following documents in support of his
application:  DD Form 4; Student Loan Repayment Program Addendum; Statement
of Understanding-Montgomery GI Bill; and United States Army Reserve (USAR)
OSEB Addendum.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he served on active duty as a member of
the Army of the United States (AUS) from 28 March 1968 through 18 March
1970, at which time he was separated from active duty and transferred to
the USAR to complete his military service obligation.  He served in that
status until being honorably discharged on 27 March 1974.

2.  On 8 July 1981, after a break in service, the applicant entered the
United States Air Force Reserve (USAFR).  He served in this status until 7
July 2003, at which time he was honorably discharged.

3.  On 15 August 2003, he enlisted in the USAR for 3 years.  A Certificate
and Acknowledgment USAR Service Requirements and Methods of Fulfillment
Annex to his DD Form 4, dated 15 August 2003, confirms Addendums to his DD
Form 4 were completed on the Student Loan Repayment Program, PSEB, Selected
Reserve Montgomery GI Bill, and USAR Prior Service Training Option.  Page 2
of this Certificate confirms he was authorized a PSEB in the amount of
$2,500.00 and the Student Loan Repayment Program incentives in conjunction
with his enlistment in the USAR.

4.  The PSEB Addendum to his 15 August 2003 Enlistment Contract states, in
Section VI (Entitlement), that he was enlisting for a bonus of $2,500.00,
which would be paid in an initial payment of $1,250.00, and in three
increments of $416.66 payable upon successful completion of each year of
his 3-year term of service in a USAR Troop Program Unit (TPU).  The
applicant and the recruiting guidance counselor authenticated this document
with their signatures on
15 August 2003.

5.  In connection with the processing of this case, an advisory opinion was
obtained from an official from the United States Army Reserve Command
(USARC) USAR Pay Center, Fort McCoy, Wisconsin.  This official stated that
the applicant was not paid a PSEB, and that based on his Pay Entry Basic
Date of 8 July 1975, he is not eligible to receive the PSEB.  He further
states that at the time of the applicant's enlistment, a prior service
member could not have more than 14 years of service to be eligible for this
bonus.

6.  On 6 October 2006, the applicant responded to the USARC advisory
opinion. He stated that all his prior service records and documents, to
include his DD Forms 214 and USAFR Point Summary were reviewed by the
recruiting counselor that authorized the bonus at the time of his
reenlistment.  This recruiting official authorized the bonus in an Addendum
to his DD Form 4, which confirmed he was entitled to a PSEB of $2,500.00,
which would be paid in an initial payment of $1,250.00 and three
incremental payments of $466.16 upon successful completion of each year of
his 3-year term of service.  He states that as of the date he was preparing
the rebuttal, no payment has been made based on his binding enlistment
contract.

7.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) prescribes eligibility criteria governing the enlistment of
persons, with or without prior service (PS), into the Regular Army (RA) and
the USAR.  Chapter 6, section II contains guidance on the Guidance
Counselor Processing Phase.  It states, in pertinent part, that Guidance
Counselors will use the supporting automated systems and updated regulatory
material applicable to MOS and available options to counsel all applicants
on their enlistment options.  It further states that Guidance Counselors
will counsel applicants who fail to meet specific qualifications for
options for which they applied and advise them of other available options.
Paragraph 9-9 regulation contains guidance on Enlistment Program 9C
(Enlistment Bonus, Army College Fund, Loan Repayment Program). It states,
in pertinent part, that this program is available to qualified applicants
when authorized by Headquarters, Department of the Army (DA) Enlistment
Incentive Messages, and that available incentives will be offered using the
Deputy Chief of Staff, GI Request system.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that his enlistment contract entitled him to a
$2,500.00 PSEB was carefully considered and found to have merit.

2.  The evidence of record confirms that the applicant enlisted for a
$2,500.00
PSEB that was authorized in his enlistment contract.  The record also
verifies that he met the requirements except that he had more than 14 years
of service.   Therefore, given the applicant had provided recruiting
personnel all of his prior service documents, to include his DD Form 214,
and they failed to notify him that he was not eligible for the PSEB prior
to his enlistment, it would be appropriate and serve the interest of
justice to provide him the PSEB guaranteed in his enlistment contract as an
exception to policy at this time.

BOARD VOTE:

__JTM __  __PBF __  __RCH__  GRANT FULL RELIEF

________  ________  ________  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 relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by showing that he remains entitled to the $2,500 Prior Service
Enlistment Bonus authorized in his enlistment contract.

2.  That the Defense Finance and Accounting Service (DFAS) provide the
applicant payment of the $2,500 bonus to which he remains entitled in the
appropriate manner in accordance with the terms of his enlistment contract.





                                  _____John T. Meixell_____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050017697                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/10/17                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.1100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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