RECORD OF PROCEEDINGS
IN THE CASE OF: .
BOARD DATE: 22 April 2008
DOCKET NUMBER: AR20070009421
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
Director
M
Analyst
The following members, a quorum, were present:
M
Chairperson
M
Member
M
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 a prior service reenlistment bonus as listed on his reenlistment contract of 7 June 2005.
2. The applicant states, in effect, that he acted in good faith and made financial plans based on the receipt of the reenlistment bonus. The errors made at the recruiting station are adversely affecting him.
3. The applicant provides copies of his reenlistment documentation (20 pages), his command's 15 February 2007 request for award of the enlistment bonus as an exception to policy, and the denial of the request for exception to policy, dated 22 May 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the United States Navy (USN) on 23 February 1988. He served on active duty and was honorably discharged on 16 December 2000.
2. His 16 December 2000 DD Form 214 (Certificate of Release or Discharge from Active Duty) lists his net service as 12 years, 9 months, and 24 days with no prior active or inactive service.
3. The applicant enlisted in the United States Army Reserve (USAR) for 3 years on 5 January 2001 and was honorably discharged effective 4 April 2004.
4. On 24 May 2004, the applicant enlisted in the New York Army National Guard (NYARNG) for 1 year. The DD Form 4 (Enlistment/Reenlistment Document) is blank for prior active service and lists only 1 year of prior inactive service.
5. The applicant was honorably discharged from the NYARNG effective 6 June 2005 to enlist in the USAR. The NGB Form 22 (Report of Separation and Record of Service), dated 6 June 2005, lists his service for the current period as 1 year and 13 days; prior Reserve component service of 3 years and 3 months; prior active Federal service of 12 years, 9 months, and 24 days. The form lists "Total Period For Pay" as 17 years, 1 month, and 7 days and "Total Service For Retired Pay" as 13 years, 9 months, and 24 days.
6. The 7 June 2005 DD Form 4 shows the applicant reenlisted in the USAR in pay grade E-5 for 6 years. Block 7 (Previous Military Service upon Enlistment) is blank for both his prior active and inactive period of service.
7. The Annex A (Certificate and Acknowledgement, USAR, Service Requirements and Methods of Fulfillment) to the enlistment document shows the applicant reenlisted under provisions of the Special Reserve Incentive Program (SRIP), Prior Service Enlistment Program (PSEP) with incentives of the prior service enlistment bonus ($15,000.00 over 6 years), the Selected Reserve Montgomery GI Bill, the Selected Reserve Montgomery GI Bill Kicker ($10,00.00), and the Student Loan Repayment Program ($10,000.00).
8. The applicant's i-PERMS (interactive Personnel Electronic Records Management System) record lists his PEBD as 9 May 1988.
9. The applicant's command submitted a request for a Prior Service Enlistment Bonus (PSEB) Exception to Policy to the Headquarters U. S. Army Reserve Command (USARC), Fort McPherson, Georgia. In that request it was noted that in United States Army Reserve Center, Pay Center letter Number EO7222, Ms. D____ C____ M_____ noted that because the applicant had over 17 years of service at the time he reenlisted he did not qualify for the PSEB listed on his enlistment contract. She raised the question if the bonus in question should have been the Enlisted Affiliation Bonus.
10. On 22 May 2007 Headquarters, USARC, Fort McPherson, Georgia denied the request for exception stating that the applicant was not eligible for the PSEB unless he had less than 14 years of service at the time of his enlistment. It was recommended that his years of service be verified and that if he had more than 16 years of service that he apply to the Army Board For Correction of Records to pursue any perceived injustice.
11. Staff of the Board confirmed that the applicant has not received any portion of the reenlistment bonus noted on his 7 June 2005 contract.
12. Army Regulation 135-7 (Incentive Programs), as amended, states that Soldiers with over 16 years of prior service are not eligible for reenlistment bonuses under the Special Reserve Incentive Program (SRIP) Prior Service Enlistment Bonus (PSEB). For the method of calculating the total years of service, the date of the enlistment/reenlistment is subtracting the pay entry basic date (PEBD) from the current ETS (expiration of term of service) date (inclusive) of the current enlistment agreement. Where a soldier has a period of authorized nonavailability, the period spent in the Inactive National Guard or the Individual Ready Reserve/Standby Reserve (Inactive) will be deducted from the total years of service as computed above for the purpose of establishing reenlistment bonus eligibility under the PSEB.
13. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides the following pertinent provisions:
a. Commanders at all levels in USAREC will emphasize the need for early detection of possible erroneous or fraudulent enlistment of applicants. Applicants who are thought to have had, or who claim to have had, prior service (PS) in any U.S. Armed Force will not be enlisted in the RA, AR, or ARNG until their PS, if any, is verified.
b. Applicants who failed to meet specific qualifications for MOS, options, and assignments, for which they applied; will be advise of all other available options that would still meet the applicant's needs, wants, and desires as well as the needs of the U.S. Army.
c. A Soldier may elect retention with amendment to his contract or discharge on the basis of an erroneous enlistment, reenlistment, or extension of enlistment.
d. Under no circumstances will a contract be amended when a Soldier objects or claims entries are correct until appropriate resolution or inquiry is completed.
DISCUSSION AND CONCLUSIONS:
1. Most of the documents related to the applicant's different periods of enlistment are either in error or incomplete as they relate to his periods of prior service.
2. The applicant had two periods where he was in a non-military status. These periods result in an adjustment of his PEBD to 9 May 1988. Subtracting this date from the date of his reenlistment, gives the applicant over 17 years of total service for establishing reenlistment bonus eligibility.
3. While errors and omissions were made in the preparation of the applicant's 7 June 2005 reenlistment documents, the above facts clearly show that the applicant was not eligible for the PSEB at the time of his reenlistment. Entitlement to this enlistment bonus, as an exception to policy, is prohibited.
4. The applicant had no way of knowing that he was not entitled to the PSEB at the time he enlisted on 7 June 2005. He executed the reenlistment contract in good faith.
5. The failure of the Recruiting Command to verify the applicant's prior service and entitlement to the PSEB has created an erroneous enlistment situation.
6. Since the Board can not afford the applicant the requested relief he must seek administrative counseling on his options of amending his contract or continuing to serve without the bonus entitlement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ x __ __x__ __x DENY APPLICATION
BOARD DETERMINATION /RECOMMENDATION:
The evidence presented does not demonstrate the existence of a correctable 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.
_______x_________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070009421
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
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