IN THE CASE OF:
BOARD DATE: 28 August 2008
DOCKET NUMBER: AR20080010605
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, in effect, that he be paid the $15,000.00 Prior Service Enlistment Bonus (PSEB) for which he enlisted under the Selected Reserve Incentive Program (SRIP).
2. The applicant states his recruiter promised him that he qualified under the SRIP for a $15,000.00 PSEB because he had less than 16 years of creditable service [for retired pay purposes]. After he reenlisted, he was denied the bonus because he had more than 16 years of "total military service."
3. The applicant provides:
a. A 16 May 2008 self-authored statement.
b. A copy of his 4-page Selected Reserve Incentive Program USAR [United States Army Reserve] Prior Service Enlistment Bonus Addendum.
c. A copy of his 4-page Student Loan Repayment Program Addendum.
d. A copy of his NGB Form 22 (Report of Separation and Record of Service) showing that, with no prior service, he served in the Puerto Rico Army National Guard (PRARNG) from 26 August 1986 through 1 September 2001, a total of 15 years and 6 days.
CONSIDERATION OF EVIDENCE:
1. With no previous military service, the applicant enlisted in the PRARNG on 26 August 1986. He served continuously through extensions until he was honorably discharged on 1 September 2001 by reason of unsatisfactory participation. He had 15 years and 6 days of creditable service for retired pay purposes and total military service.
2. The applicant's NGB Form 22 discharged him as a member of the Army National Guard, but not as a Reserve of the Army. He was therefore transferred to the US Army Reserve Control Group (Reinforcement) to fulfill his remaining Reserve/Military Service Obligation which expired on 25 August 2003. His NGB Form 22, in Block 11, clearly states the extent of his USAR service obligation.
3. The applicant's record does not contain an order discharging him from the USAR effective 26 August 2003; however, there does not appear to be any document extending his commitment beyond his Reserve/Military Service Obligation date of 25 August 2003.
4. On 17 March 2008, the applicant enlisted in the USAR for 6 years and a $15,000.00 PSEB. In Section V of his Selected Reserve Incentive Program USAR Prior Service Enlistment Bonus Addendum, he stated "I have less than
16 years of military service ...."
5. In the processing of this case, an advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of The Deputy Chief of Staff, G-1 which recommends granting the relief requested by the applicant. The opinion states that statute and policies governing the PSEB were changed in March 2006 to permit payment of the PSEB to applicants with less than 16 years of "total military service." The applicant's recruiter apparently confused "less than 16 years of total military service" with "less than 16 years of creditable service [for retired pay purposes]." The opinion finds the applicant is the victim of a recruiting error and recommends paying him the PSEB bonus or, in the alternative, qualifying him for a reenlistment bonus of $15,000.00. On
1 August 2008 the applicant was provided an opportunity to respond to the advisory opinion. On 7 August 2008 he concurred without comments.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests he be paid a $15,000.00 PSEB.
2. Statutes require a prior service applicant for enlistment to have less than 16 years of total military service at the time of enlistment. Total military service consists of active duty and Reserve service, including service in the National Guard and USAR. Service in the USAR Control Group (Reinforcement) counts toward "total military service."
3. When he was discharged from the PRARNG as an unsatisfactory participant, the applicant was transferred to the USAR Control Group (Reinforcement) for the remainder of his Reserve/Military Service Obligation. That service ran through 25 August 2003 and, when combined with his PRARNG service of 15 years and 6 days, it gave him 17 years of "total military service." This made him ineligible for a PSEB under the SRIP.
4. The G-1 advisory opinion recommends paying the applicant the bonus; however, by statute, he is not entitled to such bonus and the Defense Finance and Accounting Service has not paid for corrections not supported by statute.
5. The G-1 advisory opinion recommends paying the applicant a reenlistment bonus if the Army Board for Correction of Military Records will not recommend payment of the Prior Service Enlistment Bonus (emphasis added). The applicant had no official military connection after fulfillment of his Reserve/Military Service Obligation after 25 August 2003. Therefore, he was ineligible to reenlist; he was only eligible to enlist.
6. Notwithstanding the G-1 advisory opinion, the applicant is not entitled to a PSEB or a reenlistment bonus, and his request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx___ 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.
XXX
______________________
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.
ABCMR Record of Proceedings (cont) AR20080010605
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