RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 June 2007
      DOCKET NUMBER:  AR20070003741


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dean A. Camarella             |     |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 $2,500.00
Prior Service Enlistment Bonus (PSEB) he was promised in conjunction with
his three year enlistment in the United States Army Reserve (USAR) of 16
February 1999.

2.  The applicant states, in effect, he was falsely induced into enlisting
in the USAR based on $2,500.00 PSEB promised him in his enlistment
contract.  He now requests an exception to policy that allows him to be
paid this bonus.

3.  The applicant provides the following documents in support of his
application:  Enlistment Contract (DD Form 4); Staff Judge Advocate (SJA)
Letter, dated
20 December 2000; and Exception to Policy Letter, dated 21 June 2001.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the USAR on 19 February
1987 and entered the Army National Guard (ARNG) on 12 August 1988.

2.  On 16 February 1999, the applicant enlisted in the USAR for three
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) on 16 February 1999.

6.  In the USAR PSEB Addendum Section IX statement, the applicant
acknowledged his understanding of "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 21 June 2001, the applicant's Garrison Commander submitted a request
asking that the applicant be paid the $2,500.00 PSEB as an exception to
policy, and the chain of command through the Office of the Chief, Army
Reserve recommended approval of this request.

8.  On 27 February 2002, the Chief, Enlisted Accessions Branch, Department
of the Army (DA), Officer of the Deputy Chief of Staff (ODCS) for Personnel
(G-1), disapproved the exception to policy request.

9.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions
Division, ODCS, G-1.  This official recommends the applicant be granted
relief and paid the $2,500.00 PSEB based on a change of the current statute
governing the payment of bonuses that resulted from the 2006 National
Defense Authorization Act even though the statute was not retroactive.

10.  On 27 April 2007, the applicant was provided a copy of the DA G-1
advisory opinion in order to have the opportunity to respond.  To date, he
has failed to reply.

11.  Army Regulation 135-7 (Incentive Programs), dated 15 May 1996,
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 be paid the $2,500.00 PSEB
promised in his reenlistment contract of 16 February 1999 was carefully
considered.  However, there is insufficient evidence to support granting
the requested relief.
2.  The regulation and law in effect at the time of the applicant's
enlistment indicated that in order to be eligible for a PSEB a member must
not have previously been paid a bonus for enlistment, reenlistment, or
extension of an enlisted in any RC of the Armed Forces.  The evidence of
record confirms the applicant was paid a bonus by the ARNG for a previous
period of service in that RC.  Further, the USAR PSEB Addendum completed on
the applicant during his processing for his 16 February 1999 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 RC of the Armed Forces.

3.  The applicant authenticated the USAR PSEB 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

__JTM___  __WFC      __DAC__  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.




                                  _____John T. Meixell_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070003741                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/06/28                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |128.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]