RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 September 2007
	DOCKET NUMBER:  AR20070004556 


	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. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. Dean A. Camarella

Member

Mr. Qawiy A. Sabree

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 her current reenlistment contract, dated 24 November 2004, be corrected to show that she enlisted in the United States Army Reserve (USAR) for a period of 3 years and 00 weeks instead of 6 years and 00 weeks due to non-receipt of the $5000 cash bonus promised in her 6-year contract. 

2.  The applicant states that upon reenlisting in November 2004, she was assigned a bonus control number indicating that she qualified for a $5000 reenlistment bonus.  After signing her six-year contract, she was told that she did not qualify for the bonus.  She further adds that she inquired about revoking her contract and was informed that there was no mechanism or process to correct the error and that she had made several attempts over the years to correct the error until she was finally told to submit an application to the ABCMR.  She concludes that she would still reenlist in the USAR once the error is corrected.

3.  The applicant provided a copy of her DD Form 4/1 (Enlistment/reenlistment Contract Armed Forces of the United States) and all allied documents including the Bonus Control Worksheet and a copy of her Request for Exception to Policy Memorandum dated 25 January 2007 together with her commander's endorsement dated 4 February 2007 in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that she enlisted in the Alabama Army National Guard (ALARNG) on 4 June 1991.  After a series of reenlistments and extensions in the ALARNG, she reenlisted in the USAR on 24 November 2004 for a period of 6 years. 

2.  Page 1 of the applicant's DD Form 4/1 (Reenlistment Contract), dated 24 November 2004, shows that she reenlisted for a Troop Program Unit (TPU) for military occupational specialty (MOS) 42L (Administrative Specialist) in accordance with chapter 6 of Army Regulation 140-111 (U.S. Army Reserve Reenlistment Program) and a reenlistment bonus.  The form further lists a Bonus Control Number DH050003AS.

3.  The DA Form 3540 (Certificate and Acknowledgement of U.S. Army Reserve Requirements and Method of Fulfillment) shows that two addendum were added to her reenlistment contract:  DA Form 5261-R (Selected Reserve Incentive Program Reenlistment Bonus Addendum) and DA Form 5261-4R (Student Loan repayment Program Addendum).

4.  Page 4 of the DA Form 5261-2-R further shows that the applicant was promised and agreed to a $5000 Reenlistment Bonus.  Incremental payments of this bonus were to be paid on satisfactory completion of each year throughout the life of the contract with the first payment was to be made at $1000 upon reenlistment and subsequent payments were to be paid at $400 during the first year, $600 each during the second and third years, and $800 each during the fourth, fifth, and sixth years. 

5.  The U.S. Army Recruiting Command (USAREC) Form 80-1-R (Reenlistment Bonus Control Worksheet) confirms that the Bonus Control Number DH055553AS in the amount of $5000 was approved on 24 November 2004.

6.  In her request for an exception to policy, dated 25 January 2007, the applicant states that at the time of her reenlistment, she was informed that she qualified for a reenlistment bonus.  She further states that upon completion of the paperwork, she was told she did not qualify for the bonus due to her previous reenlistment in the Army National Guard (ARNG) and never actually receive any bonus.  She further states that she inquired with several people to resolve this issue but no one knew how to correct the error.  She concludes that she wishes to shorten her 6-year contract into a 3-year contract which would allow her to reenlist in the USAR for a stronger incentive.  In his memorandum dated 4 February 2007 to the Commander, 87th Division (training Support), Birmingham, Alabama, her commander recommended approval of the exception to policy.

7.  In the processing of this case, an advisory opinion was obtained from the Reserve Component Personnel Policy Integrator, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, Pentagon, Virginia.  The advisory opinion noted that the applicant did indeed sign a six-year reenlistment contract and addendum for the $5000 reenlistment bonus.  The advisor opinion further noted that the applicant has not received any bonus funds from the stated contract and that the applicant has been a satisfactory participant in the USAR for three years without incentive payments and should be afforded the benefit of future service along with applicable incentives.  Previous ARNG has no bearing on the case due to the applicant's status in the Individual ready Reserve (IRR) at the time of enlistment into the USAR.  The advisory opinion recommended approval of the applicant’s request to revoke her six-year enlistment in order to reenlist for a new six-year obligation and that such action is not a fiscal detriment to the USAR since there was no previous disbursement of funds.

8.  A copy of the advisory opinion was provided to the applicant for comment.  She responded on 6 September 2007 concurring with the advisory opinion.

9.  Army Regulation 140-111 governs the immediate reenlistment or extension of current members of the Army Reserve.  Paragraph 5-10 of that regulation states that a correction to the term of service or the effective date of a reenlistment agreement is prohibited.  The Soldier must petition this Board for correction consideration.  That paragraph goes on to say that a "Corrected Copy" of a new DD Form 4 series will be prepared to correct errors that will not affect the term of service or the effective date of the enlistment document.  The authority to do so is delegated to the Soldier's immediate commander.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she is entitled to correction of current reenlistment contract to show 3 years instead of six years due to non-payment of the promised cash bonus promised and agreed to in the current contract. 

2.  The governing regulation indicates that the USAR representative erred and the applicant was not paid a $5000 bonus to which she was entitled to when she reenlisted in November 2004.  The advisory opinion's supporting statement and request for correction by the applicant, confirm that the applicant's reenlistment contract should be corrected to show three years instead of six years. 

3.  In view of the foregoing, the applicant’s 24 November 2004 reenlistment contract (DD Form 4/1) should be corrected to show that she reenlisted for three years in pay grade E-4, vice the six years shown.  The information sheet showing that she reenlisted for six years with entitlement to a $5000 bonus should be voided.

BOARD VOTE:

__jcr___  __dac___  __qas___  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: 

	a.  The applicant reenlisted in the U.S. Army Reserve for three years in pay grade E-4 on 24 November 2004 instead of six years;

	b.  The entry under "Remarks" addressing the bonus on page 1 of the DD Form 4/1 is deleted;

	c.  The entry under Section V (Entitlements) of the DA Form 5261-2-R is deleted; 

	d.  The entry pertaining to reenlistment bonus under Section IX (Additions or Changes to this Certificate) on the DA Form 3540 is deleted;

	e.  The entry pertaining to reenlistment bonus under Section IX (Statement of Understanding) of the DA Form 5261-2-R is deleted; and

	f.  The USAREC Form 80-1-R dated 24 November 2004 is revoked.





							Jeffrey C. Redmann
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070004556
SUFFIX

RECON

DATE BOARDED
20070920
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
112.0300
2.
112.1100
3.

4.

5.

6.