BOARD DATE:	  17 September 2009

		DOCKET NUMBER:  AR20080014914 


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 his entire $15,000 reenlistment bonus.

2.  The applicant states, in effect, that he reenlisted for an indefinite period of service and a $15,000 reenlistment bonus; however, when it was time to be paid his bonus, it was not close to the amount he was told it would be because of a 24 years of service rule.  He goes on to state that his contract took him to
26 years of service; however, he was never informed of any such rule and believes that he was lied to.  He also states that he has requested that he be provided a copy of the 24 year rule or regulation and to date has not been provided it.  He continues by stating that he has served two tours in a combat zone and he is preparing for a third and he believes that the Army should have paid him what he was promised.

3.  The applicant provides a copy of his reenlistment contract containing a prior service enlistment bonus addendum and a DD Form 2823 (Sworn Statement) from his commander and himself regarding the promises made to him.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the United States Army Reserve (USAR) on 22 January 1988 for a period of 8 years for training as a construction engineer and a cash enlistment bonus.  He has remained in the USAR through a series of continuous reenlistments and he was promoted to the rank/grade of staff sergeant (SSG)/E-6 on 14 May 2005. 

2.  On 19 June 2007, the applicant reenlisted for an indefinite period of service and a $15,000 Selected Reserve (SELRES) Reenlistment Bonus.

3.  Information received from the Defense Finance and Accounting Service (DFAS) indicates that the applicant was paid $9,583.33 for his reenlistment bonus.

4.  In the processing of this case, on 9 October 2008, a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1 which opines that the reenlistment bonus for members of the SELRES is governed by Title 37, U.S. Code, section 308(a)(3) and section 308(b) on bonus amount payments and provides in pertinent part, that any portion of a term of reenlistment of a member, when added to the total years of service, exceeds 24 years, may not be used in computing the total bonus amount.  On the date the applicant reenlisted, he had 20 years, 1 month, and 21 days of service and since the bonus is paid for a minimum of 6 years of SELRES obligation, the applicant's bonus was prorated over 46 months, which is the amount of time he had before reaching 24 years of service.  The advisory official also indicates that the applicant's career counselor was contacted and he confirmed that originally he had prepared the wrong addendum; however, he prepared a corrected addendum explaining the 24-year rule to the applicant and did so with another noncommissioned officer present to hear the discussion between the applicant and the career counselor.   The advisory official opines that the applicant was paid the amount authorized by law based on his years of service and recommended that the Board not grant the applicant's request.

5.  The advisory opinion was provided to the applicant on 14 October 2008 for information and to allow him the opportunity to submit comments or a rebuttal.  To date no response has been received from the applicant.

6.  A review was made of the USAR Reenlistment Bonus Written Agreement (Selected Reserve Incentive Program – USAR Reenlistment Bonus Addendum), dated 19 June 2007, that was signed by the applicant and certified by his career counselor.  This document reflects that the applicant initialed Section IV - Obligation indicating that he was reenlisting for an indefinite period and that he understood that any portion of a term of reenlistment that when added to the total years of service at the time of discharge or release exceeds 24 years may not be used in computing the total bonus amount.

7.  There is no evidence in the available records to show that the applicant ever submitted a request to have his reenlistment contract voided due to a defective or unfulfilled reenlistment agreement.

8.  Information contained in his official records indicate that the applicant deployed to Kuwait in support of Operation Iraqi Freedom (OIF) on or about
31 May 2009, in the rank/grade of sergeant first class (SFC)/E-7.

DISCUSSION AND CONCLUSIONS:

1.  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.  

2.  While the applicant's reenlistment contract indicates that he was reenlisting for a $15,000 SELRES reenlistment bonus, his addendum to the contract specified that the bonus was subject to a maximum of 24 years of service.

3.  Although the applicant may not have fully understood the provisions of law at the time, there is no indication that he attempted to void his contract or to
renegotiate a different contract for a lesser period of service once he understood how the 24-year limitation affected his bonus.

4.  The applicant has failed to show through the evidence submitted with his application or the evidence of record that he should be entitled to receive more money than that allowed by the laws governing reenlistments such as his.

5.  He has also failed to provide sufficient evidence to establish that he was not aware of the 24-year limitation and that he should be entitled to receive a benefit not enjoyed by others in similar circumstances.  Accordingly, there appears to be no basis to granting the applicant's requested relief. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x____  ___x____  ___x_____  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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.

ABCMR Record of Proceedings (cont)                                         AR20080014914



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ABCMR Record of Proceedings (cont)                                         AR20080014914



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