RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 May 2008
DOCKET NUMBER: AR20080000037
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:
Chairperson
Member
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 his enlistment contract be corrected to include a DA Form 5261-5-R bonus addendum for military occupational specialty (MOS) 31B (Military Police) instead of MOS 91W (Health Care Specialist). He later informed the Board analyst that, as an alternative, he would accept a correction to his records to show he reenlisted on 1 April 2005 for a $15,000 bonus in MOS 31B.
2. The applicant states he enlisted as a 91W with a bonus of $15,000. His assigned unit advised him that he did not have the scores to go to 91W school; therefore, the contract was invalid. A military police (MP) unit shared the building with the 405th Combat Support Hospital, and the MP units retention noncommissioned officer redrafted his contract, changing the MOS from 91W to 31B with a $15,000 bonus. He was assigned to the MP unit and completed the 31B course. His unit submitted him for the bonus, but he was denied the bonus because his new contract was not on file.
3. In his amended request, the applicant stated that he would accept the alternative resolution if he would still be able to be a part of the 344th MP Company and deploy with the unit. He understood that his expiration of term of service (ETS) would change.
4. The applicant provides a DA Form 2823 (Sworn Statement); two DA Forms 1059 (Service School Academic Evaluation Report); a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 March 1993; an enlistment contract, dated 4 March 2005; and a memorandum, subject: Fiscal Year 05 (FY05) First Half Selected Reserve Incentive Program (SRIP), dated 7 October 2004.
CONSIDERATION OF EVIDENCE:
1. After having had prior service in the Regular Army, the applicant enlisted in the U. S. Army Reserve (USAR) on 4 March 2005 for 6 years. He enlisted for training in MOS 91W and assignment to the 405th Combat Support Hospital, Hartford, CT, for a $15,000 prior service enlistment bonus (PSEB).
2. On an unknown date, the applicant was reassigned from the 405th Combat Support Hospital to the 344th MP Company.
3. On 28 August 2006, the applicant completed the Basic MP Course and was awarded primary MOS 31B.
4. In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Reserve Component Personnel Policy Integrator, Enlisted Accessions Division. That office noted that the USAR FY05 SRIP plan for 14 October 2004 through 31 March 2005 listed payment of a PSEB for MOS 31B at $8,000. The USAR updated its FY05 second-half SRIP for the PSEB for MOS 31B to $15,000, effective 1 April 2005 to 30 September 2005. However, based upon the applicants current service rendered, non-payment of earned bonus funds, and updated USAR SRIP guidance, the advisory opinion recommended that the applicant be paid the $15,000 PSEB.
5. A copy of the advisory opinion was provided to the applicant for comment. He did not respond within the given time frame.
6. On 22 April 2008, the point of contact on the advisory opinion informed the Board analyst that if the applicant had reenlisted on 1 April 2005 for MOS 31B, he would have been eligible for a $15,000 reenlistment bonus.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted on 4 March 2005 for a PSEB for which he did not qualify, and he could have requested discharge due to erroneous enlistment. He did not request discharge. He carried on with his satisfactory service in the USAR; however, he never stopped trying to obtain the bonus of $15,000.
2. The applicant eventually found an MP unit that would accept him, and the MP unit even changed his enlistment contract. Unfortunately, that changed or new enlistment contract is not available. In addition, had his 4 March 2005 enlistment contract been changed, he would not have been eligible for a $15,000 PSEB. On that date, MOS 31B was only authorized an $8,000 PSEB. Therefore, and notwithstanding the recommendation of the advisory opinion, it would not be equitable to correct the applicants 4 March 2005 enlistment contract to show he enlisted for a PSEB of $15,000 in MOS 31B.
3. However, information obtained from the point of contact on the advisory opinion revealed that effective 1 April 2005 MOS 31B was authorized a reenlistment bonus of $15,000. It would be equitable to correct the applicants records to show he reenlisted on 1 April 2005 (as an exception to policy, if appropriate, since he may not have normally been eligible for reenlistment at that point in time) for MOS 31B with assignment to the 344th MP Company and a reenlistment bonus of $15,000. The applicant indicated that he would accept this alternate correction provided it did not interfere with his deployment with the
344th MP Company. There appears to be no reason why it should interfere with that deployment. He also understood that his ETS would be changed accordingly.
BOARD VOTE:
__XXX____ __XXX__ __XXX_ 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 he reenlisted on 1 April 2005 for 6 years (as an exception to policy, if appropriate) for MOS 31B with assignment to the 344th MP Company and a reenlistment bonus of $15,000; and that he be paid the reenlistment bonus in accordance with the normal procedures for such a reenlistment bonus.
__ XXX____
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080000037
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
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