RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 July 2007
	DOCKET NUMBER:  AR20070000713 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Mr. Robert J. Osborn II

Member

Mr. Michael J. Flynn

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 receive his full enlistment bonus of $5,000.00.  He further requests that his military records be corrected to show no United States Army Reserve (USAR) obligation based on an erroneous enlistment.

2.  The applicant states, in effect, that he enlisted in the USAR under the prior service enlistment bonus for $5,000.00.  He was to receive $2,500.00 on the initial payment, and the remainder to be paid in 6 increments of $416.66.  Although he drilled for over a year he never received any part of the bonus.  The applicant further states that he is still a member of the USAR.

3.  The applicant provides his entire enlistment contract and a letter from U.S. Army Human Resources Command, St. Louis (USAHRCSTL), dated 
10 November 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior service in the Regular Army and the USAR.  

2.  A DD Form 4/1, dated 8 January 2001, shows in section B, item 8, that the applicant enlisted in the USAR for 6- years in the pay grade of E-4.

3.  A DA Form 5261-5-R (Selected Reserve Incentive Program – USAR Prior Service Enlistment Bonus Addendum), dated 8 January 2001, show that the applicant enlisted in the USAR for a 6-year term of service for a bonus of $5,000.00, in military occupational specialty (MOS) 95B.  The document stated "The initial payment will be $2,500.00.  The remainder will be paid in 
6 increments of $416.66.  The incremental payments will be paid on satisfactory completion of each year of the 6-year term of service in a USAR Selected Reserve TPU [Troop Programs Unit]."  

4.  Headquarters, 80th Division Institutional Training Orders 02-319-00012, dated 15 November 2002, shows that the applicant was released from his current assignment TPU and he was assigned to the USAR Control Group by reason of unsatisfactory participation effective 22 September 2002.

5.  USAHRCSTL orders, dated 10 January 2007, show that the applicant was honorably discharged from the USAR.

6.  In the processing of this case an advisory opinion was obtained from the Department of the Army, Office of The Deputy Chief of Staff G-1.  The advisory opinion notes that a review of the applicant's contract shows a $5,000.00 enlistment bonus.  The advisory opinion further stated "Review of the Selected Reserve Incentive Program (SRIP) effective 1 November 2000 and expiring on 31 March 2001 shows a prior service bonus authorized for MOS 95B."  Available records showed that the applicant was separated from the Selected Reserve for unsatisfactory participation on 22 September 2002.  A separation terminates future bonus entitlements upon the separation date.

7.  The advisory opinion recommended that the applicant be granted relief and paid a pro-rated share of the initial $2,500.00 bonus based on the 1 year, 
8 months and, 14 days of service that he served which was 57 percent of the initial three year period.  The pro-rated share was $1,425.00.

8.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He stated, in effect, that he enlisted in the USAR for a $5,000.00 bonus. His contract showed that he was to be paid $2,500.00 initially and the remainder to be paid in 6 increments of $416.66.  He further stated that he knows that he did not finish his enlistment in the USAR and that his incremental payments may be voided.  He did the right thing for almost two years 

9.  On 21 June 2006, the Defense Finance and Accounting Service (DFAS) confirmed the applicant's finance records showed that he never received any portion of an enlistment bonus.  

10.  Army Regulation 135-7 (Incentive Programs), chapter 2-1 (Selected Reserve Incentive Program – USAR Prior Service Enlistment Bonus) states recoupment of bonus payments will be started by the unit commander when entitlement to such incentive is terminated based on any of several listed reasons, including unsatisfactory participation.  Paragraph 2-1.6 states bonus recoupment will be calculated by multiplying the number of months served satisfactorily during the term for which the incentive was authorized by the proportionate monthly dollar amount.  The proportionate monthly dollar amount will be determined by dividing the total authorized enlistment bonus by 36 or 72 months as appropriate.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that on 8 January 2001, the applicant enlisted in the USAR for a 6 year term of service for a bonus of $5,000.00 and his initial payment would be $2,500.00.  The remainder would be paid in 6 increments of $416.66 and the incremental payments would be paid on satisfactory completion of each year of the 6 year term of service in the USAR.  Evidence of record further shows he was never paid his initial enlistment bonus of $2,500.00.

2.  On 22 September 2002, the applicant was reassigned to the USAR Control Group.  The assignment terminated future bonus entitlements upon the assignment date.  However, the applicant is entitled to be paid a pro-rated share of the initial $2,500.00 bonus based on the 1 year, 8 months, and 14 days of service in the Selected Reserve.

3.  The applicant contends that his military records should be corrected to show no USAR obligation based on an erroneous enlistment.  His records show that on 
10 January 2007 he was honorably discharged from the USAR after completing his service obligation.  Therefore, it appears no action on this portion of his request is required. 

BOARD VOTE:

__JTM __  __RJO __  __MJF __  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 partial relief.  As a result, the Board recommends that all of the Department of the Army records related to this case be corrected by showing the applicant enlisted in the USAR on 8 January 2001 for a $5,000.00 bonus and by paying to him a pro-rated amount of the bonus in the amount of $1,425.00.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to paying the entire $5,000.00 bonus.




___   John T. Meixell         _
          CHAIRPERSON




INDEX

CASE ID
AR200700007163
SUFFIX

RECON

DATE BOARDED
19 JULY 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
112.1100.0000
2.

3.

4.

5.

6.