IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080007244
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, that he be paid the enlistment bonus promised in his United States Army Reserve (USAR) enlistment contract.
2. The applicant states, in effect, that the recruiters miscalculated his prior service and encouraged him to enlist for the Prior Service Enlistment Bonus (PSEB).
3. The applicant provides, in support of his application, copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the recent period of active duty training; a notarized statement concerning the facts of his enlistment, dated 9 October 2007; a memo describing the applicant's USAR enlistment process from Commander, 339th Theater Tactical Signal Brigade; his enlistment contract with addendum; and a DA Form 1059 (Service School Academic Evaluation Report) for the Information Systems Operator-Analyst Course in military occupational specialty (MOS) 25B1O.
CONSIDERATION OF EVIDENCE:
1. On 31 January 2007, the applicant enlisted in the United States Army Reserve for MOS 25B (Information Systems Operation Analyst) and for a Reserve Components Prior Service Enlistment Bonus (PSEB) of $15,000. He had completed three periods of prior active duty service.
2. His various DD Forms 214 indicate that his prior active duty time totaled
15 years and 5 days and his prior inactive service totaled 2 years and 23 days or 17 years and 28 days of total prior military service.
3. On 20 April 2007, the applicant entered initial active duty for training, completed his MOS training and was released to his USAR unit on
11 September 2007.
4. The memorandum from the Commander, 339th Theater Tactical Signal Brigade, dated 30 October 2007 states, in effect, that through no fault of the applicant, the recruiter miscalculated his prior service and recruited him under the PSEB program. The applicant had subsequently joined the unit, completed the MOS training, and was then notified by the Defense Finance and Accounting Service that he was not eligible for the bonus. The commander asked that the applicant be paid the bonus as an exception to policy.
5. An advisory opinion was obtained from the Reserve Components Personnel Policy Integrator Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1. He notes the requirements of the governing Department of Defense Instruction (DoDI) and Army Regulation and points out that a statutory change in March 2006 provides that an individual is eligible for the PSEB if the individual has less than 16 years total military service. He also notes that the applicant was improperly recruited under the bonus program because his active duty time rather than his total military service was calculated. Nevertheless he notes that this occurred through no fault of the applicant and recommends that the applicant be paid a reenlistment bonus in the amount of the $15,000 in lieu of the PSEB for which he was not technically eligible.
6. The advisory opinion was provided to the applicant. No response was received.
7. DoDI 1205.21 (Reserve Component Incentive Programs Procedures) sets forth the requirements and the forms used for Reserve enlistment/
reenlistment incentive programs, including the PSEB.
8. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), dated 26 October 2007 incorporates the March 2006 statutory provisions in paragraph 105, and provides the requirements and procedures for
the Selected Reserve Incentives Program-Prior Service Enlistment Bonus.
This chapter provides policy and guidance for the administration of the Selected
Reserve Incentives ProgramPrior Service Enlistment Bonus which is payable upon completion of an MOS producing course.
DISCUSSION AND CONCLUSIONS:
1. Notwithstanding the advisory opinion, the applicant's enlistment was not authorized under the PSEB program because he had more that 16 years of total prior military service.
2. There is no available evidence that the PSEB was the sole or even a significant determining factor in the applicant's decision to enlist in the Army Reserve.
3. There is no available evidence that the applicant sought to have his USAR enlistment voided based on recruiter error.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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 probable 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
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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