IN THE CASE OF:
BOARD DATE: 25 March 2010
DOCKET NUMBER: AR20090020460
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 reconsideration of her earlier request for payment of a prior-service enlistment bonus (PSEB) for her November 2004 enlistment in the U.S. Army Reserve (USAR).
2. The applicant states that the documentation she previously submitted to this Board shows her former unit, the 160th Military Police Battalion, initiated action to pay her the bonus but for unknown reasons, it was not done.
3. The applicant provides a copy of a memorandum, dated 15 February 2008, placing her on the Permanent Promotion Recommended List (PPRL); a copy of a DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG)), dated 8 August 2007; a copy of her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 1 February 1990; and a copy of a memorandum, dated 29 September 2006, requesting an exception to policy to allow her to receive the bonus.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080020061, on 16 June 2009.
2. The applicant submitted a memorandum, dated 15 February 2008, placing her on the PPRL and a copy of a DA Form 268, dated 8 August 2007; which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and warrant consideration by the Board.
3. Having had prior service in the U.S. Air Force, he records show she enlisted in the Texas Army National Guard (TXARNG) on 19 March 1987 and was assigned to Company B, 250th Main Support Battalion, Houston, TX. She was discharged on 1 February 1990 and transferred to the USAR Control Group (Reinforcement). The NGB 22 she was issued shows she was discharged without actual notice because her whereabouts were unknown. The available NGB Form 22 does not show the reason for discharge or characterization of service.
4. Her records show she enlisted in the USAR for a period of 3 years on 30 November 2004. She subsequently entered active duty for training (ADT) on 4 November 2005, completed advanced individual training, and was awarded military occupational specialty (MOS) 91W (Medical Specialist (later renamed 68W)). She was released from ADT on 20 March 2006 to the control of her USAR unit.
5. On 29 September 2006, by an exception to policy memorandum, she requested that she receive a 6-year PSEB. Her commander concurred and remarked that she was authorized this bonus at the time of her 30 November 2004 enlistment but was not offered it due to an administrative error. However, there is no indication of the disposition of his memorandum.
6. On 8 October 2006, she was ordered to active duty in support of Operation Enduring Freedom and subsequently served in Afghanistan from 8 January 2007 to 1 December 2007.
7. She was discharged from the Army on 13 December 2007 with an under other than honorable conditions discharge under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct (serious offense). The Army Discharge Review Board (ADRB) subsequently upgraded her discharge.
8. Army Regulation 135-7 (Incentive Programs, paragraph 2-1.3a states applicants must have received an honorable discharged at the conclusion of their last period of service to be eligible for a PSEB.
9. She submitted a copy of a memorandum listing her on the 81st Regional Support Command PPRL as well as a copy of her DA Form 268, dated 8 July 2007 showing her flag was removed.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows she was previously discharged from the TXARNG due to her whereabouts being unknown. An enlistment bonus requires the individual's last discharge to have been honorable. The available NGB Form 22 does not indicate why she was discharged or the characterization of service. As such, it cannot be determined if her discharge fits the definition of an honorable characterization of service.
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 to amend the decision of the ABCMR set forth in Docket Number AR20080020061, dated 16 June 2009.
___________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) AR20090020460
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ABCMR Record of Proceedings (cont) AR20090020460
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