IN THE CASE OF:	  

		BOARD DATE:	        30 DECEMBER 2008

		DOCKET NUMBER:  AR20080014819 


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:

	a.  he be paid an unspecified amount of money for an enlistment bonus (EB) he was eligible for in conjunction with his 3-year enlistment in the Regular Army; and

	b.  payment of a selective reenlistment bonus (SRB) as a result of his 3-year reenlistment in the Regular Army on or around 14 April 2004.

2.  The applicant states that:

	a.  upon his enlistment in 2001, he was eligible for an EB for enlisting in military occupational specialty (MOS) 96B (Intelligence Analyst).  He adds although the bonus was available and he was eligible, his recruiter failed to inform him about all available bonuses at the time and it was not offered to him as a prospective Soldier, thus necessitating a correction of the record and payment of such bonus; and

		b.  the SRB was available to Soldiers reenlisting for MOS 31D (Criminal Investigation Special Agent) as well as MOS 96B and that he received no financial compensation.  He adds that the regulation states that a person must have a school date to enroll in the Bonus Extension and Retraining Program (BEAR) but a school date cannot be given unless the person is already in the BEAR program. 

3.  The applicant provides a copy of DA Form 4789 (Statement of Entitlement to Selective Reenlistment Bonus), dated 20 August 2001, and a copy of a DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army), dated 19 April 2004, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he initially enlisted in the Regular Army for a period of 4 years on 8 July 1983.  He completed basic combat and advanced individual training and was awarded MOS 19K (Armor Crewman).  He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 7 July 1987.  The highest rank he attained during this period of military service was specialist four (SP4)/E-4.  

2.  On 7 July 1989, the applicant was honorably discharged from the USAR Group for completion of his military service obligations.  

3.  On 6 August 1997, the applicant enlisted in the New Mexico Army National Guard (NMARNG) for a period of 3 years.  He was honorably discharged and transferred to the USAR Control Group (Individual Ready Reserve (IRR)) on 11 September 1998.  

4.  On 17 May 2000, the applicant reenlisted in the USAR in the rank of SPC/E-4 for a period of 3 years.  In connection with this reenlistment, he was promised an immediate reenlistment for a Troop Program Unit (TPU) with subsequent reassignment to the USAR Control Group (Reinforcement).  There is no indication or evidence that he was promised a bonus in connection with this reenlistment.  Section D (Certification and Acceptance) of this DD Form 4 shows the entry “I certify that I carefully read this document.  Any questions I had were explained to my satisfaction.  I fully understand that only those agreements in Section B of this document or recorded on the attached annexes will be honored.”  He also indicated that there was no other promise or guarantees made to him by anyone and authenticated this form by placing his signature and date in the appropriate blocks.

5.  On 2 October 2001, the applicant enlisted in the Regular Army for a period of 3 years in the rank of SPC/E-4.  His DD Form 1966/3 (Record of Military Processing) shows the following entries:

	a.  Item 32 (Specific Options/Programs Enlisted For, Military Skill, or Assignment to a Geographical Area Guarantees) shows the entry                   “IAW AR 601-210, PGM 9B, USA Station/Unit/CMD/Area ENL PGM, OPT18, 96B, (NO TNG), 3 yrs, 00 wks, Ft Carson, CO,” indicating that in exchange for his 3-year reenlistment in the Regular Army, the applicant was promised training in MOS 96B and assignment to Fort Carson, Colorado; and 

	b.  In Section VI (Remarks), a hand-written entry was entered on 2 October 2001 that states “Per MSG Sxxxxxx, U.S. Army Recruiting Command (USAREC), applicant does not qualify for BSSRB, USAR separation does not qualify under current message.” 

6.  The applicant's record is void of the DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) that shows he reenlisted on 14 April 2004.  The applicant was notified by email on 9 December 2008 to provide a copy of his reenlistment contract; however, he did not do so. Furthermore, an attempt was made to locate and obtain a copy of this contract from the Fort Carson, Colorado, Post Reenlistment Office on 10 December 2008; however, that office indicated that a copy of the contract is no longer available.  

7.  On 20 August 2008, the applicant requested enlistment in the Regular Army.  He subsequently completed a USAREC Form 1150-R-E (Statement of Understanding-Army Policy), indicating that his enlistment was in the grade of   E-4 and that he enlisted for the broken service selective reenlistment bonus (BSSRB) incentive in accordance with Headquarters, Department of the Army (HQDA) Military Personnel Message 01-199, dated 5 July 2001 for MOS 96B for 3 years.

8.  An advisory opinion was obtained on 20 November 200 in the processing of this case.  The Chief, Incentive and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff , G-1, Washington, DC, stated that the applicant was a former member of the USAR and enlisted on active duty on 2 October 2001.  A review of the Headquarters, Department of the Army (HQDA) incentives message for the time period of the Soldier’s enlistment date reveals that his 96B MOS had no enlistment bonus at the time.  Furthermore, the applicant did not qualify for the BSSRB as stated on his DD Form 1966/3, dated 20 August 2001.  Only Regular Army Soldiers enlisting within 90 days of their separation date qualified for the BSSRB at the time of the applicant’s enlistment.

9.  A copy of this advisory opinion was furnished to the applicant on 20 November 2008.  He submitted a rebuttal on 3 December 2008 and stated that there was a communication breakdown on two issues.  First, contrary to the advisory opinion stating that there was no bonus on 2 October 2001, he initially enlisted on 17 May 2000; however, he was unable to begin active duty at the time, by regulation, because his wife was an active duty officer in the U.S. Air 

Force.  He adds that on 17 May 2000, there was a bonus available for MOS 96B and that his enlistment contract placed him on Reserve status pending his wife’s end of term of service (ETS).  Second, with respect to the BSSRB, he does not know what this is.  He is requesting payment of the reenlistment bonus for the    3-year contract he signed on 14 April 2004 as a 96B.  He concludes that the HQDA incentives messages for 17 May 2000 and 14 May 2004 need to be reviewed. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be provided an unspecified amount of an EB he was eligible for in conjunction with his three-year enlistment in the Regular Army on 2 October 2001.

2.  The evidence of record confirms that the applicant reenlisted for the USAR on 17 May 2000.  There is no indication or evidence that he was promised an enlistment bonus in connection with this reenlistment.  There is no evidence to show that he might have been led to believe that this was a Regular Army enlistment.

3.  The evidence of record further shows that he enlisted in the Regular Army for a period of 3 years on 2 October 2001.  There is no evidence or indication that the applicant was promised an enlistment bonus in connection with this enlistment.  Furthermore, a review of HQDA incentives messages for the time period of the applicant's enlistment date reveals that MOS 96B had no enlistment bonus at the time.

4.  The applicant's record is void of the DD Form 4 that shows he reenlisted on 14 April 2004.  Therefore, it cannot be determined what, if any, reenlistment bonus he may have been entitled to as a result of this reenlistment. 

5.  The applicant authenticated his USAR reenlistment contract and his Regular Army enlistment contract with his signature and attested to the fact that he had read and understood all the terms contained in each contract.  As a result, absent any indication from the service representative in question admitting that the applicant was not properly counseled, based on his signature on the documents, it must be presumed that he was aware of the requirements for receipt of the bonus in question.  Therefore, there is an insufficient evidentiary basis to support granting the requested relief.  


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.




      _______ _ 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)                                         AR20080014819





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ABCMR Record of Proceedings (cont)                                         AR20080014819



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