RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20070017387 


	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

Mrs. Nancy L. Amos

Analyst


The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Gerald J. Purcell

Member

Ms. Rea M. Nuppenau

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 her records be corrected to show she reenlisted for 6 years and for a reenlistment bonus of $15,000.

2.  The applicant states, in effect, that the Selected Reserve Incentive Program (SRIP), dated 31 March 2005, offered a bonus for military occupational specialty 92Y of $7,500 for a 3-year reenlistment and $15,000 for a 6-year reenlistment, which should have been offered to her.  It was her intent to reenlist for 6 years for the $15,000 bonus.  In addition, she was an E-5 at the time and was not required to reenlist for an indefinite period.  She questioned it at the time but was told it did not matter.  

3.  The applicant provides three Soldier Contact History printouts; her 26 August 2005 reenlistment contract; and memoranda, dated 18 November 2004,              1 December 2004, 9 March 2005, two dated 21 March 2005, 28 March 2005, and 31 March 2005 (with a SRIP Critical Skills list attached) pertaining to the Fiscal Year 2005 Second Half SRIP for either or both the U. S. Army Reserve and the Army National Guard.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U. S. Army Reserve on 26 January 1987.  She reenlisted on 19 January 1989 for 4 years; on 1 October 1992 for 3 years; on    22 December 1993 for 3 years; on 1 July 1996 for 3 years; and on 27 September 1999 for 6 years.

2.  On 26 August 2005, at which time she had completed 18 years, 7 months, and 1 day of total military service, the applicant reenlisted for an indefinite period. She also enlisted for the Student Loan Repayment Program.

3.  Page 7 of the applicant’s DA Form 3540 (Certificate and Acknowledgment of U. S. Army Reserve Service Requirements and Methods of Fulfillment), Remarks section, contains a Reenlistment Bonus Addendum Amendment.  This section is not completed.  If it had been completed, the applicant would have initialed in one of three sections (Six-Year Reenlistment, First Three-Year Reenlistment, and Second Consecutive Three-Year Reenlistment) indicating that she had completed not more than 16 years of total military service from her pay entry base date upon execution of this written contract.

4.  In the processing of this case, an advisory opinion was obtained from the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1.  That office noted that the applicant had over 18 years of service upon her date of reenlistment and as a result she was not eligible for the reenlistment bonus, which was restricted to Soldiers with less than 16 years of total service.  That office also noted that the applicant was correct in that she should have reenlisted for a specified term of service since as an E-5 at the time of her reenlistment was not eligible for the indefinite program.  That office recommended approval of the applicant’s request to have her records reflect a  6-year reenlistment computed from 26 August 2005 but recommended denial of her request for a bonus.

5.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  She did not respond within the given time frame.

6.  Title 37, U. S. Code, section 308b at the time of the applicant’s August 2005 reenlistment, provided that the Secretary concerned could pay a reenlistment bonus for a member of the Selected Reserve who had completed less than       16 years of total military service and reenlisted or voluntarily extended his enlistment for a period of 3 years or for a period of 6 years in a designated military skill, or in a designated unit, as determined by the Secretary concerned, in the Selected Reserve of the Ready Reserve of an armed force.

7.  Title 37, U. S. Code, section 308b was changed effective 17 January 2006 and currently provides that the Secretary concerned may pay a reenlistment bonus for a member of the Selected Reserve who had completed less than       20 years of total military service and reenlists or voluntarily extends his enlistment for a period of 3 years or for a period of 6 years in a designated military skill, or in a designated unit, as determined by the Secretary concerned, in the Selected Reserve of the Ready Reserve of an armed force.

DISCUSSION AND CONCLUSIONS:

1.  At the time of the applicant’s reenlistment on 26 August 2005 the law did not provide for payment of a reenlistment bonus to a Selected Reserve member who had completed 16 or more years of total military service.  The applicant had completed more than 18 years of service as of that date.  Her reenlistment contract also indicated that the reenlistment bonus was restricted to Soldiers with less than 16 years of service, so the fact the applicant was not eligible for the bonus should not have been a surprise to her.

2.  The law restricting payment of a reenlistment bonus to Selected Reserve members with less than 16 years of military service was later changed to allow such payment to members with less than 20 years of military service.  However, it was not changed until 5 months after the applicant reenlisted.  Therefore, it is unlikely that the applicant would have been aware in August 2005 of an opportunity to extend her previous reenlistment to January 2006 to take advantage of the change in the law.

3.  As the advisory opinion noted, the applicant was not eligible to reenlist for an indefinite period.  As the applicant stated that it was her intent to reenlist for        6 years (albeit for a bonus, but again her reenlistment contract informed her she was not eligible for the bonus) it would be appropriate to correct her records to show she reenlisted on 26 August 2005 for 6 years.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__rtd___  __gjp___  __rmn___  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 Department of the Army records of the individual concerned be corrected by amending her 26 August 2005 reenlistment contract to show she reenlisted for a period of 6 years.

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 correcting her records to show she was eligible to receive a reenlistment bonus. 




__Richard T. Dunbar___
          CHAIRPERSON




INDEX

CASE ID
AR20070017387
SUFFIX

RECON

DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.