IN THE CASE OF:	  

		BOARD DATE:	  12 November 2009

		DOCKET NUMBER:  AR20090008516 


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 his incentive option of reenlisting for a Selective Reenlistment Bonus (SRB) be honored.

2.  The applicant states he reenlisted in good faith and understanding that he was eligible for the SRB bonus and that his contract would be honored as he has been held accountable to honor the detailed stipulations on this and past legal binding contracts to serve his country.  He concludes that the mistakes leading to this issue were through no fault of his own.

3.  The applicant provides a reenlistment packet in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 8 May 1998 for a period of 8 years.  He entered active duty in an Active Guard Reserve (AGR) status on 30 March 2003.

2.  On 21 December 2005, the applicant reenlisted in the USAR for a period of 
3 years.  Item B (Agreements) of his DD Form 4/1 (Enlistment/Reenlistment Document), shows he was authorized an SRB designator "Zone A" in accordance with Military Personnel (MILPER) Message 04-353 (Subject:  Implementation of SRB for USAR AGR Soldiers).



3.  The applicant reenlisted again in the USAR on 29 April 2008 for a period of 
6 years.  He had completed 5 years, 6 months, and 28 days of total active military service at the time of this reenlistment.  Item B of his DD Form 4/1 shows he was authorized a reenlistment bonus in accordance with MILPER Message 04-353.  Item B also shows that the authorized effective date of his reenlistment was 21 December 2008, one day following his expiration of term of service (ETS) at the time of this reenlistment.

4.  The applicant's reenlistment packet, dated 29 April 2008, includes a DA Form 4789 (Statement of Entitlement to Selective Reenlistment Bonus) which indicates the applicant's understanding that he was receiving a reenlistment bonus for reenlisting for a period of 6 years in military occupational specialty (MOS) 92Y (Unit Supply Specialist) and that he would not receive any additional installments if he did not complete the period of service or if he became technically disqualified.

5.  MILPER Message 04-353 implements guidance for the SRB for the USAR AGR force.  The SRB AGR program is a retention incentive paid to Soldiers in certain selected MOSs and ranks who reenlist for a minimum of 3 years.  The objective of the SRB program is to increase the number of reenlistments in a critical MOS that do not have adequate retention levels to man the career force.  A qualified Soldier may be paid an SRB only once within each zone of eligibility.  Three eligibility zones have been authorized for use under the SRB program.  They are as follows: 

   a.  Zone A is applicable to reenlistments between 17 months and 6 years of active service. 

   b.  Zone B is applicable to reenlistments between 6 and 10 years of active service. 

   c.  Zone C is applicable to reenlistments between 10 and 14 years of active service.

6.  In the processing of this case, on 7 November 2008, a staff advisory opinion was obtained from the Senior Army Reserve Career Counselor, Office of the Deputy Chief of Staff, G-1.  The advisory opinion states that the applicant received a Zone A bonus for his reenlistment on 21 December 2005 which disqualifies him for a Zone A bonus on his 29 April 2008 reenlistment.  The applicant needed to reenlist on or after 2 October 2008 to be eligible for a Zone B bonus when he would have had over 6 years of active service.  The advisory 


opinion further states that sometimes Army Reserve Career Counselors do not counsel Soldiers correctly because they themselves do not understand the difference in eligibility criteria of each Army Reserve incentive offered.  The applicant assumed that because he would have had more than 6 years of active service on the effective date of his reenlistment (21 December 2008) that he met the eligibility criteria for a Zone B SRB.

7.  The Senior Army Reserve Career Counselor recommended granting the applicant's request by authorizing a change to the execution date of his 29 April 2008 reenlistment to 2 October 2008 and awarding him a Zone B SRB.

8.  On 12 November 2008, a copy of the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  On 8 December 2008, the applicant concurred with the advisory opinion rendered in his case.

DISCUSSION AND CONCLUSIONS:

1.  The applicant reenlisted on 21 December 2005 for a period of 3 years and was authorized a Zone A SRB.

2.  The applicant reenlisted again on 29 April 2008 for a period of 6 years.  His reenlistment contract clearly shows that he was authorized an SRB;  however, he had only completed 5 years, 6 months, and 28 days of active military service and he had previously received a Zone A SRB.  Therefore, he was not authorized either a Zone A or Zone B SRB at the time of his 29 April 2008 reenlistment.

3.  The evidence clearly shows the applicant reenlisted in good faith with the understanding he was eligible for the AGR SRB based on the authorized effective date of his reenlistment, 21 December 2008.  The reenlistment documents, specifically the DA Form 4789, clearly show that he contracted to receive the SRB.  This action was then believed to have been in accordance with the governing directive, MILPER message 04-353, and it had been approved by a higher headquarters.

4.  In view of the foregoing, and in the interest of justice, it would be appropriate to correct the applicant's military records to show that his 6-year reenlistment was executed on 3 October 2008 (one day after completion of 6 years of active service), with entitlement to the USAR AGR Zone B SRB, in addition to any other provision currently shown on his 29 April 2008 reenlistment contract, and paying him any USAR AGR SRB payment that may now be due.


BOARD VOTE:

____x____  ____x____  ___x_____  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:

   a.  amending item 5 (Date of Enlistment/Reenlistment) on the 29 April 2008 reenlistment contract to show that this contract was executed on 3 October 2008 with entitlement to the Zone B SRB and all other entitlements/requirements as stated in the original contract; and 

	b.  paying him any SRB payments that may now be due.



      ___________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)                                         AR20090008516



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ABCMR Record of Proceedings (cont)                                         AR20090008516



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