RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070018205 


	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.




Director



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, in effect, that his reenlistment contract be corrected to show he reenlisted in the U.S. Army Reserve (USAR) on 15 August 2006 (sic). 

2.  The applicant states, in effect, that due to an error made by his career counselor, he was unable to reenlist before he completed 20 years of military service and was denied a cash reenlistment bonus.  He contends he has been actively engaged in resolving this issue for the past year and a half and was unable to find a resolution.

3.  The applicant provides a copy of his Reenlistment Eligibility Worksheet; a copy of his request for Bonus Control Number (BCN); electronic mails (e-mails) showing his attempts to resolve the issue; a copy of a denial of an exception to policy from USAR Human Resources Command (HRC), St. Louis; and a copy of a letter from the Army Reserve G-1, USAR Command, Fort McPherson, Georgia, to the applicant's senator.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a first sergeant (1SG) in a Troop Program Unit (TPU) of the USAR.

2.  The applicant's USAR Form 130-R (Reenlistment Eligibility Worksheet), completed on 25 June 2006, established the following:

	a.  Pay entry basic date (PEBD) – 21 July 1986.

	b.  His reenlistment window, or the earliest date he was eligible for reenlistment – 5 May 2006;

	c.  His total military service that date – 19 years, 9 months, and 15 days;

	d.  He met all reenlistment qualifications; he was eligible to reenlist for
3, 4, 5, 6 or for an indefinite period; he was eligible for a cash reenlistment bonus; and he was also eligible for the Student Loan Repayment Program (SLRP).

	e.  It was properly assigned by the Retention and Transition Noncommissioned Officer (NCO) and by the unit commander.


3.  On 28 June 2006, the applicant's Retention and Transition NCO completed a USARC Form 80-1-R (Reenlistment Bonus Control Worksheet) requesting a BCN for the applicant's position as 1SG in a drill sergeant unit.  He indicated the applicant was eligible for the $15,000.00 cash reenlistment bonus and the $10,000.00 SLRP.  The Retention and Transition NCO submitted the BCN Worksheet to the 81st RSC (Regional Readiness Command) on 6 July 2006 for approval.  However, as indicated by the applicant, there is an error in Item 17 (Scheduled Reenlistment Date) of this form.  It states "20060815," a date beyond his 20th year of military service, rendering him ineligible for the reenlistment bonus.  He needed to reenlist prior to 21 July 2006 in order to be eligible for the reenlistment bonus.

4.  On 12 August 2006, the applicant's BCN was denied because he had over 
20 years of military service.

5.  On 17 September 2006, the applicant submitted a request for an exception to policy for his reenlistment bonus.  He indicated that he missed his reenlistment window through no fault of his own.  He also indicated he was eligible for the reenlistment bonus on 5 July 2006 at the time the BCN packet was submitted, but for unknown reasons it was not forwarded to the 81st RRC Retention Office until 8 August 2006.  His unit commander endorsed the applicant's request for an exception to policy indicating that the 15 August 2006 scheduled reenlistment date was an error because it placed him over the 20 years of military service mark.  The applicant was extended for 3 months awaiting the outcome of this issue.

6.  On 10 May 2007, the HRC-St. Louis, denied the applicant's request for an antedated reenlistment.  HRC-St. Louis stated that the applicant executed a
3-month extension which established an expiration term of service (ETS) date of 4 August 2007 and advised that he had not gone beyond his ETS date and can reenlist at that time (sic).  

7.  The applicant provided copies of e-mails tracking his reenlistment issue with various individuals in his chain-of command and at the 81st RRC Retention Office.  He also provided a copy of a letter from the Army Reserve G-1, USARC, to the applicant's senator indicating that the applicant was not eligible to receive a reenlistment bonus because he failed to reenlist prior to reaching 20 years of service.  



8.  On 3 November 2007, the applicant reenlisted in the USAR for an indefinite period.  He did not receive a reenlistment bonus.

9.  Title 37, U.S. Code, Section 308 provides, in relevant part, that the Secretary concerned may pay a bonus to a member of a uniformed service who has completed at least 17 months of continuous active duty (other than for training) but not more than 20 years of active duty and who voluntarily reenlists or extends for a period of at least 3 years in a regular component of the service concerned, or in a reserve component of the service concerned, if the member is performing active Guard and Reserve duty.  The bonus to be paid may not exceed the lesser of the following amounts: 

	(a) The amount equal to the product of:

	      (1) 15 times the monthly rate of basic pay to which the member was entitled at the time of the discharge or release of the member; and 

	      (2) the number of years (or the monthly fractions thereof) of the term of reenlistment or extension of enlistment, not to exceed 6.
	    
	(b)  $90,000.

Any portion of a term of reenlistment or extension of enlistment of a member that, when added to the total years of service of the member at the time of discharge or release, exceeds 24 years may not be used in computing a bonus.  Bonus payments authorized under this section may be paid in either a lump sum or in installments.  

10.  Army Regulation 135-7 (Army National Guard and Army Reserve Incentive Programs) offers a prior service enlistment bonus to eligible persons with prior service who enlisted in the U.S. Army Reserve and contracted to serve in a TPU of the Selected Reserve in a designated military occupational specialty (MOS) announced by the Department of the Army.  The incentive offered $15,000 for an enlistment to serve 6 years in a TPU.

11.  Paragraph 4-6.1 of Army Regulation 135-7 states, in pertinent part, that USAR TPU personnel will requests a reenlistment BCN from the appropriate Army Reserve Command (ARCOM) or General Officer Command (GOCOM) headquarters.  Each ARCOM/GOCOM will maintain a reenlistment BCN log for that command.  Information required prior to issuing a control number will include, as a minimum:  Name, social security number; unit of assignment; 
primary military occupational specialty (MOS) and duty MOS; PEBD and ETS dates; height and weight; and date of reenlistment and the years of service.  When it has been determined that a Soldier does not meet these provisions, the Soldier will be denied the reenlistment bonus.  In addition, the Soldier's unit of assignment or primary MOS must have been identified by Headquarters, Department of the Army as bonus eligible.  The BCN will be entered on the DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States), Item 8b (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's PEBD is 21 July 1986.  He needed to reenlist prior to 21 July 2006 in order to be eligible for a cash reenlistment bonus under the provisions of Title 37, U.S. Code.

2.  The applicant's window of eligibility for reenlistment opened on 5 May 2006 when he had 19 years, 9 months, and 15 days of military service.  His Retention and Transition NCO did not complete the applicant's Reenlistment Eligibility Worksheet until 25 June 2006; his BCN Worksheet was not forwarded to the 81st RRC Retention Office until 6 July 2006.  On the BCN Worksheet, the Retention and Transition NCO scheduled a reenlistment date of 15 August 2006 which was beyond the applicant's 20th year of service.  It seems reasonable that, at a minimum, the Retention and Transition NCO should have noticed this discrepancy.  However, he did not, and the applicant's opportunity to receive a reenlistment bonus was nullified.

3.  The applicant, on his part, made several attempts to rectify the problem prior to his 20th year of military service and was unsuccessful.  It appears that it was always his intent to reenlist prior to the cut-off date and that through no fault of his own he was not able to reenlist prior to 21 July 2006.  He eventually reenlisted on 3 November 2007.

4.  It is noted that in the applicant's application he requested a reenlistment date of 15 August 2006.  It is believed that the applicant meant that he wanted his reenlistment contract corrected to show a date prior to 21 July 1986.

5.  Given the above, and as a matter of justice, the applicant's record should be corrected as shown below.




BOARD VOTE:

__tsk___  __jlp___  __dwt___  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending his BCN Worksheet to show a scheduled reenlistment date of 6 July 2006;

	b.  obtaining a BCN from the appropriate headquarters; 

	c.  amending the DD Form 4/1 to show the applicant reenlisted in the USAR on 6 July 2006, with the appropriate BCN shown in Item 8b (Remarks); and

	d.  paying the applicant the authorized bonus as a result of this correction.

2.  If the applicant fails to complete the minimum 3 years required period of service obligated as a result of his enlistment bonus, either voluntarily or because of misconduct, his enlistment bonus would be required to be recouped on a pro rata basis.



							TSK
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070018205



2


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508