BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100008883 


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 correction of his military records to show he is entitled to receive an affiliation bonus.

2.  The applicant states he believes the denial of his affiliation bonus is unjust.  His enlistment was based on receiving this affiliation bonus to primarily assist his transition to the Reserve because of the economy and difficulty in finding jobs.  His career counselor had no knowledge of the law or that it affected affiliation bonuses based on all service, and not just active Federal service.

3.  The applicant provides copies of his DD Form 4 (Enlistment Contract);
DD Form 3540 (Certificate and Acknowledgement of U.S. Army Reserve (USAR) Service Requirements and Methods of Fulfillment); Enlisted Affiliation Bonus Addendum; a memorandum from the Commander, 820th Signal Company, dated 22 July 2009; and an email communication between the applicant and the Reserve Component Career Counselor, dated in June and July 2009.

CONSIDERATION OF EVIDENCE:

1.  On 11 June 1986, the applicant enlisted in the USAR Delayed Entry Program (DEP).  On 1 July 1986, he was discharged from the USAR DEP and on 2 July 1986 he enlisted in the Regular Army.  He served on active duty through
25 January 2000, completing 13 years, 7 months, and 15 days of total active service.


2.  On 26 January 2000, he enlisted in the USAR.  He maintained his Reserve status through 16 April 2006.  This period of military service was 6 years,            2 months, and 21 days.

3.  On 17 April 2006, the applicant was transferred to an Active Guard Reserve (AGR) position where he served until 6 April 2009.

4.  A DD Form 4, dated 7 April 2009, indicates that the applicant reenlisted in   the USAR for 6 years and "30 MO 00 days."  At the time, the applicant had completed a total of 22 years and 21 days of military service.

	a.  The accompanying DA Form 3540 shows the applicant indicated with his initials that at the time he was not a member of the USAR but he had previous U.S. military service.  He also indicated his understanding that he was required to immediately start training with a troop program unit.

	b.  Section III - Acknowledgement, of the accompanying Enlisted Affiliation Bonus Addendum, shows the applicant initialed the form indicating that he knew the eligibility requirement for receiving an affiliation bonus required him to have served for less than 20 years in the U.S. military service.

	c.  Section V - Entitlement, of the Enlisted Affiliation Bonus Addendum, shows that the applicant initialed the form indicating he was eligible to receive a $20,000.00 bonus based on his enlistment into a USAR Selected Reserve unit for 6 years.  The bonus would be paid in installments.

5.  On 22 July 2009, the applicant's commander wrote a memorandum wherein he stated that the applicant had originally enlisted in the U.S. Army on 11 June 1986 and had been under continuous contract for more than 23 years [sic
22 years], and he had 16 years, 6 months, and 24 days of creditable service towards a non-regular retirement.  The commander requested an exception to policy be granted to the applicant so he can receive the affiliation bonus.

6.  The email communication provided by the applicant indicates that on 15 June 2009 he informed the career counselor that he had enlisted based on the counselor telling him he was eligible to receive the affiliation bonus.  He asked in the email what he needed to do because the unit was telling him that he could not get the bonus.  In the course of this email, the applicant further stated that he had first been told to submit a request for an exception to policy which was followed up by a response from the finance office informing him that Public Law based the payment on his pay entry basic date (PEBD), and not on the number 


of qualifying years for retirement.  The applicant was advised to submit an application to this Board requesting an exception to policy.

7.  In the processing of this case, an advisory opinion was obtained from the Senior Army Reserve Career Counselor, Office of the Deputy Chief of Staff, G-1, Washington, DC.  The advisory official, in effect, stated that the applicant's request to be authorized an affiliation bonus should be denied because he had completed more than 20 years of military service.  The opinion further stated that Public Law established this requirement, not policy.  Accordingly, an exception to policy is not appropriate to grant relief.

8.  The advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  On 29 September 2010, the applicant responded to the advisory opinion.  The applicant states:

	a.  he understands all of the reasons for the denial of his affiliation bonus;

	b.  the career counselor assured him that his situation did not fall under the guidelines of the Public Law because of his history of military service;

	c.  given the level of the career counselor, he did not see where the bonus would have been denied;

	d.  it appears his receiving this bonus is over and done;

	e.  he is now without an active duty position; he has no bonus; and he has been in a financial hardship until just recently when he attained full time employment;

	f.  he would truly prefer the bonus, even if it is just half;

	g.  if no bonus, and because of false information provided by a senior career counselor, he should be given the opportunity to return to the AGR program in communications as soon as possible;

	h.  he has no intention of leaving service any time soon as his contract does not expire until the year 2016; and

	i.  he hopes this Board will find in his favor.  He has no problem with the law that governs affiliation bonuses but a Soldier who has served his country should not be left in a situation where the Army does not care if a senior career counselor fails to do their job correctly.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows that the applicant had completed more than 20 years of military service at the time of his reenlistment on 7 April 2009 and he was not eligible to receive the Enlisted Affiliation Bonus.  Even so, sections III and V of the addendum indicate that he was entitled and would be paid a $20,000.00 bonus, indicating a career counselor error in the processing of the applicant's enlistment contract.

3.  Section III of the addendum clearly states that entitlement to receive the Enlisted Affiliation Bonus required the Soldier to have completed less than 
20 years of military service.  It is reasonable to presume the applicant knew he had completed more than 20 years of service at the time, indicating that he had not read or understood this provision of the contract.

4.  Because Public Law established the entitlement to the Enlisted Affiliation Bonus, this Board does not have the jurisdiction to grant an exception to policy payment of the bonus.

5.  In that the applicant stated in his rebuttal he has no intention of leaving the service anytime soon, simply voiding the enlistment contact and its accompanying agreements does not appear to be an available remedy.

6.  The applicant's stated desire to return to an AGR position may or may not be a viable option.  This course of action would have to be initiated by the applicant through his chain of command.

7.  In view of the above, the applicant's request should be denied.

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.



      ____________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)                                         AR20100008883



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)