BOARD DATE:	  12 August 2010

		DOCKET NUMBER:  AR20100001051 


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 payment of a reenlistment bonus in accordance with the terms of his approved antedated U.S. Army Reserve (USAR) reenlistment contract, dated 30 June 2007, and Bonus Control Number (BCN) ARG1-010808.

2.  He states he should have received a reenlistment bonus at the time of his reenlistment.  He attests that as a result of miscommunications and a lack of proper counseling, his reenlistment contract was not signed until after his bonus eligibility had expired.  An exception to policy was granted, an antedated contract was created, and a BCN was issued.  However, in spite of all these actions, he has not been paid the bonus.  He states that all administrative remedies were attempted prior to submission of this application.

3.  He provides:

* a U.S. Army Reserve Command (USARC) Form 26-R (Pay Document Transmittal Letter (TL))
* 3 reenlistment contracts and associated addendums
* an exception to policy packet
* 22 pages of electronic mail (email) correspondence

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army (RA) on 1 July 1987 and his Pay Entry Base Date (PEBD) was established as 1 July 1987.  He served in various positions of increasing responsibility in both the RA and the USAR.  On 3 March 2002, he reenlisted in the USAR for a period of 6 years and his Expiration Term of Service (ETS) was established as 2 March 2008.

2.  On 2 November 2007, he submitted a self-authored letter to his chain of command requesting an exception to policy for the reenlistment bonus.  In this letter he recounts his interaction with his Battalion Retention Noncommissioned Officer [also referred to as a career counselor] and as follows:

	a.  He contacted his career counselor in April 2007 to inquire about his eligibility for a reenlistment bonus.  The career counselor advised him that as long as he reenlisted prior to obtaining 20 years of service, he would be eligible for a prorated reenlistment bonus and that there was plenty of time prior to having to take action;

	b.  In August 2007, he contacted the career counselor in order to initiate the reenlistment process and paperwork.  A short time later, the career counselor informed him that he was no longer eligible for the reenlistment bonus due to the fact 20 years had passed since his PEBD; and 

	c.  He was surprised because he was under the impression his eligibility would not expire until he attained 20 years of creditable service for retirement.
Had he known his eligibility would expire upon 20 years from his PEBD, he would have made every effort to reenlist prior to 1 July 2007.

3.  A review of his Army Reserve Personnel Command Form 249-E (Chronological Statement of Retirement Points) shows that as of August 2007 he had only completed 17 years of creditable service for retirement.

4.  He provides copies of email correspondence exchanged between him and  the career counselor, his personnel office, leaders in his chain of command, and staff members from the 95th Division (Institutional Training (IT)); the 98th Division (IT); the U.S. Army Recruiting Command (USARC); the USAR G-1; the USAR Pay Center; and the Department of the Army (DA) G-1 as they worked to resolve this matter during the period 15 October 2007 through 28 September 2009.

5.  The consensus among the participants in the email correspondence was that:

* the applicant initiated his reenlistment action in a timely manner while still eligible for the bonus
* the career counselor did not clearly advise him regarding his window of bonus eligibility
* the career counselor did not follow-up with him prior to the expiration of his bonus eligibility
* it was reasonable for him to presume the phrase "20 years of service" meant 20 years of creditable service for retirement
* had he understood the 20 years of service was calculated from his PEBD, he would have reenlisted prior to 1 July 2007

6.  On 29 February 2008, while a decision on his request was still pending and in order to avoid being separated from the USAR upon his 2 March 2008 ETS date, he reenlisted for an indefinite period of time.

7.  On 24 April 2008, his career counselor was informed via email that the authority to approve the antedated reenlistment contracts had been delegated to the Regional Readiness Commands and USARC subordinate General Officer Commands (GOCOM) and it was advised that the applicant's request should be processed accordingly.

8.  On 4 June 2008, the applicant's battalion commander initiated a request for an exception to policy for him to execute an antedated enlistment contract effective 30 June 2007 to be eligible to receive a reenlistment bonus based on the fact that he had not been properly counseled and missed the reenlistment window due to no fault of his own.  His brigade commander also recommended approval and the request was finally approved on 27 June 2008.

9.  The applicant was issued BCN ARG1-010808 and completed an antedated reenlistment contract, and bonus addendum, dated 30 June 2007, in accordance with the established policy.

10.  The antedated reenlistment contract was forwarded to the USAR Pay Center and returned without action due to the fact his 29 February 2008 reenlistment was still shown as valid in the database.  The Reserve pay analyst opined the applicant was not entitled to the bonus because of the date he had actually reenlisted rather than the antedated effective date of his reenlistment.

11.  On 7 June 2010, the Senior Army Reserve Career Counselor of the Office of the Deputy Chief of Staff, G-1 of the Army rendered an advisory opinion, wherein he recommended approval of the applicant's request.  He opined that had the applicant reenlisted when he initially spoke with the career counselor about his options, he would have been eligible for the reenlistment bonus.  Additionally, after the proper paperwork was executed, an antedated contract was prepared and a bonus control number was issued.  The applicant was provided a copy of this advisory opinion and concurred with the findings and recommendations.


12.  Army policy provides for the preparation of antedated enlistment agreements when through either administrative error or for the convenience of the government, the reenlistment of a Soldier has been delayed due to no fault of the Soldier's.  The authority to approve antedated reenlistments was delegated to the Chief of the Army Reserve on 23 May 2007 and USARC subordinate GOCOMs on 3 August 2007.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests payment of a reenlistment bonus in accordance with the terms of his approved antedated USAR reenlistment contract, dated 30 June 2007, and BCN ARG1-010808.

2.  The available evidence shows the applicant initiated reenlistment action in a timely manner and was informed he was eligible to receive a reenlistment bonus as long as he reenlisted prior to completing 20 years of service.  As a result of miscommunication, he presumed this meant 20 years of creditable service for retirement and did not reenlist prior to the 20th anniversary of his PEBD and was, therefore, no longer eligible to receive the bonus.  

3.  The applicant's request for an exception to policy to be eligible for a reenlistment bonus was processed in accordance with established Army policies. However, he reenlisted on 29 February 2008 because his ETS date was approaching and his exception to policy request had not been approved.

4.  The applicant's request for an exception to policy was approved by the appropriate authority on 27 June 2008.  As a result, he was issued a BCN and an antedated enlistment contract that was prepared with an effective date of 
30 June 2007.  However, the 29 February 2008 reenlistment contract is still in effect.

5.  In view of the foregoing, it would be appropriate to correct his records by revoking his 29 February 2008 reenlistment contract and replacing it with the antedated contract which entitles him to a reenlistment bonus.









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.  voidng his reenlistment contract, dated 29 February 2008;

	b.  acknowledging his antedated contract, dated 30 June 2007; and

	c.  paying him a reenlistment bonus based upon BCN ARG1-010808.



      _______ _   _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)                                         AR20100001051



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)