IN THE CASE OF:
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100011007
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, payment of his Prior Service Enlistment Bonus (PSEB) in the amount of $7,500.00.
2. He states, in effect, he has been waiting since November 2009 for his bonus in the amount of $7,500.00. He claims he was given several excuses for non-payment by his unit. He enlisted in the U.S. Army Reserve (USAR) in February 2007 and contends his unit consistently gave him excuses why he could not attend training. He states he tried to attend training in March 2008 but he was told by his unit his orders were cancelled. He did not complete his training until October 2009.
3. He did not submit any documentation in support of his request.
CONSIDERATION OF EVIDENCE:
1. After having 11 years of prior service, he enlisted in the U.S. Army Reserve.
2. His military personnel record contains a copy of a DA Form 5261-5 (Selected Reserve Incentive Program - USAR Prior Service Enlistment Bonus Addendum), dated 15 February 2007. This form shows he enlisted in the USAR for military occupational specialty (MOS) 92S (Shower/Laundry and Clothing Repair Specialist) and a PSEB in the amount of $7,500.00. The agreement stated the bonus would be paid upon successful completion of training for MOS 92S within 24 months of enlistment. Failure to do so would result in forfeiture of all entitlements to the enlistment bonus.
3. A copy of a DA Form 1059 (Service School Academic Evaluation Report), dated 16 October 2009, shows in item 6 (Course Title) he completed training for MOS 92S on 30 October 2009.
4. In the processing of this case, an advisory opinion was obtained from the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, Army G-1, Washington, D.C. The advisory official states in reviewing his case and available records, the applicant was eligible for the PSEB. This bonus was on his contract but was not paid to him. The PSEB was based upon the completion of training for MOS 92S within 24 months of the enlistment date. Based on the applicants contention, various unit-related actions caused a delay in his training. Although he did not comply with the 24-month timeframe through no fault of his own, an exception is warranted based upon the circumstances. Recommend the applicant be granted relief and paid the PSEB in the amount of $7,500.00.
5. On 15 October 2010, 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. He did not respond.
6. An email transmission between the ABCMR staff and Defense Finance and Accounting Service (DFAS) confirms he has not received payment of the PSEB.
7. Title 37, U.S. Code, section 308i, provides for special pay (PSEB). It states, in pertinent part, that a person who is a former enlisted member of an Armed Force who enlists in the Selected Reserve of the Ready Reserve of an Armed Force for a period of three years in a critical military skill is eligible for a $7,500.00 bonus if he/she has less than 16 years of total military service. The initial payment of 50 percent (%) will be paid upon award of the MOS and the remaining 50% of the total bonus will be paid at the end of the second year of satisfactory service in a USAR Selected Reserves Unit.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the USAR for a $7,500.00 PSEB. At the time, he enlisted in good faith believing he qualified for the bonus.
2. His contention that various unit-related actions caused a delay in his training was carefully considered. While the specific facts and circumstances surrounding his late attendance are not known, his contentions are accepted.
3. His records confirm he completed the required training for MOS 92S in October 2009. DFAS confirms he was not paid the PSEB. The opinion from the Incentives and Budget Branch, Enlisted Accessions Division, Army G-1 also submits an exception to policy should be made in this case and he should be paid his PSEB.
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 the applicant's records be corrected by:
a. showing the applicant received an approved waiver to complete his required training outside the 24-month window, making him eligible to receive the Prior Service Enlistment Bonus; and
b. paying to him the $7,500.00 Prior Service Enlistment Bonus in accordance with the terms of his enlistment contract and in accordance with the above correction, at the appropriate time and rate.
____________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) AR20100011007
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