IN THE CASE OF:
BOARD DATE: 17 March 2011
DOCKET NUMBER: AR20100016655
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 received a $15,000 prior service enlistment bonus (PSEB).
2. The applicant states he was promised a PSEB when he reenlisted in the U.S. Army Reserve (USAR) for 6 years. At the time he was told his time in the Individual Ready Reserve (IRR) did not count towards his total time in service. Accordingly, his service was calculated at less than 16 years qualifying him for this bonus. By promising him this $15,000 bonus and then refusing, due to the Army's error, to pay him, his family has endured a significant financial hardship.
3. The applicant provides copies of his reenlistment contract, a letter he wrote to his Senator, a letter from the USAR to his Senator, and his orders for active duty in Afghanistan.
CONSIDERATION OF EVIDENCE:
1. After having had prior service in the U.S. Air Force, on 23 February 2008 the applicant enlisted in the USAR. Section IV (Service Obligation), paragraph 2, of his enlistment contract, indicates that he enlisted under the prior service program for training in military occupational specialty 68W (Health Care Specialist). Paragraph 4 of this document authorized a PSEB of $15,000.
2. On 29 April 2009, the Deputy Chief of Staff, G-1 [Personnel Officer], USAR, informed the applicant's Senator that he was not authorized to receive the
PSEB because he had completed more than 17 years of service at the time of the enlistment. If the applicant believed there was a breach of contract, he could elect to remain in his unit without the bonus, request to be discharged, or apply to the Army Board for Correction of Military Records for relief.
3. In the processing of this case, an advisory opinion was obtained from the Enlisted Accessions Division, Incentives and Budget Branch, Office of the Deputy Chief of Staff, G-1. The opinion clearly stated that the applicant had served a total combined period of service in excess of 16 years prior military service, making him ineligible to receive a PSEB. However, the error was clearly made during counseling by the recruiting officials. The opinion further advised the applicant's MOS 68W was eligible for a reenlistment bonus and recommended that he be granted alternative relief via a reenlistment bonus in the amount of $15,000.
4. On 30 December 2010, the applicant concurred with the advisory opinion.
5. Title 37, U.S. Code, section 308b (Special Pay: Reenlistment bonus for members of the Selected Reserve) provides the amount of a bonus under this section may not exceed $15,000.00. The bonus may be paid in either a lump sum or in installments.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show he is entitled to receive a $15,000 PSEB because it was the Army's error.
2. The available evidence clearly shows that the applicant was erroneously counseled by recruiting officials resulting in the denial of his promised PSEB.
3. As a matter of equity, the applicant's records should be corrected to show he is authorized to receive a reenlistment bonus in the amount of $15,000, based on an MOS of 68W, in lieu of a PSEB of the same amount.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X_____ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing entitlement to receive a reenlistment bonus in the amount of $15,000 based on MOS 68W; and
b. paying him a $15,000 reenlistment bonus.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to authorizing a PSEB.
_______ _ 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) AR20100016655
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100016655
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130004709
IN THE CASE OF: BOARD DATE: 31 October 2013 DOCKET NUMBER: AR20130004709 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states: * he originally requested full payment of a $10,000.00 PSEB, but now he is requesting partial payment * it is not his fault the official who prepared the contract did so erroneously * he was told by his recruiter and an official at the Military Entrance Processing Station he would receive a bonus and it had a direct impact on his decision to...
ARMY | BCMR | CY2012 | 20120001990
The applicant requests, in effect, full payment of a $10,000 prior-service enlistment bonus (PSEB). He provides: * a letter to a Member of Congress from the Deputy Director, Deputy Chief of Staff, G-1, Headquarters, U.S. Army Reserve Command (USARC) * his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 February 2004 * a Certificate and Acknowledgement U.S. Army Reserve (USAR) Service Requirements and Methods of Fulfillment * three DA Forms...
ARMY | BCMR | CY2009 | 20090001620
The applicant requests reconsideration of his previously denied request that he be paid a United States Army Reserve (USAR) Prior Service Enlistment Bonus (PSEB) in the amount of $15,000 per his enlistment contract. The applicant provides a new argument that his request should be approved based upon the fact that the Chief, Incentives Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, recommended that his contract be honored for moral commitment, in accordance...
ARMY | BCMR | CY2008 | 20080013142
The applicant requests that his record be corrected to show he enlisted in the U.S. Army Reserve (USAR) for the Prior Service Enlistment Bonus (PSEB) in the amount of $15,000.00. The applicant completed his enlistment contract and SFC E____ signed the bonus addendum documentation. Army Regulation 135-7 (Army National Guard and Army Reserve Incentive Programs), in effect at the time of the applicant's enlistment, offered a prior service enlistment bonus to eligible persons with prior...
ARMY | BCMR | CY2013 | 20130001125
The applicant requests relief from recoupment of a prior service enlistment bonus (PSEB) in the amount of $15,000. He submitted his: a. DD Form 1966/1, dated 26 May 2006, which shows he: * enlisted in the WYARNG on 26 May 2006 * he enlisted in the WYARNG for a PSEB * enlisted in MOS 91W1O (now MOS 68W) (health care specialist) b. NGB Form 600-7-4-R-E, dated 26 May 2006, which shows he: * was qualified in and held the primary MOS to which he was assigned * enlisted for a 6-year PSEB * would...
ARMY | BCMR | CY2008 | 20080007244
The applicant requests, that he be paid the enlistment bonus promised in his United States Army Reserve (USAR) enlistment contract. The applicant provides, in support of his application, copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the recent period of active duty training; a notarized statement concerning the facts of his enlistment, dated 9 October 2007; a memo describing the applicant's USAR enlistment process from Commander, 339th Theater Tactical...
ARMY | BCMR | CY2014 | 20140013916
The evidence of record shows on 23 April 2008 the applicant enlisted for a PSEB in the amount of $15,000. Therefore, in the interest of equity it would be appropriate to correct the applicant's record to show he was authorized the PSEB in the amount of $15,000, that he fulfilled his contractual obligation, and reimbursing him the total amount of debt he has already paid. As a result, the Board recommends that all Department of the Army and State Army National Guard records of the...
ARMY | BCMR | CY2008 | 20080000037
The applicant eventually found an MP unit that would accept him, and the MP unit even changed his enlistment contract. In addition, had his 4 March 2005 enlistment contract been changed, he would not have been eligible for a $15,000 PSEB. Therefore, and notwithstanding the recommendation of the advisory opinion, it would not be equitable to correct the applicants 4 March 2005 enlistment contract to show he enlisted for a PSEB of $15,000 in MOS 31B.
ARMY | BCMR | CY2008 | 20080012804
The applicant requests, in effect, that he be paid his Prior Service Enlistment Bonus (PSEB). Paragraph 2 states, in pertinent part, that a bonus may only be paid under this section to a person that has not more than 16 years of total military service and received an honorable discharge at the conclusion of all prior periods of service. Evidence of record shows the applicant had over 19 years of military service when he enlisted in the USAR on 8 December 2007.
ARMY | BCMR | CY2008 | 20080005744
The applicant requests, in effect, payment of a Prior Service Enlistment Bonus (PSEB) guaranteed in his 28 April 2007 Enlistment Contract (DD Form 4). However, there is insufficient evidence to support this claim. Notwithstanding the G-1 recommendation to honor the applicants enlistment contract by paying him the $15,000 PSEB; the law prohibits payment of this incentive if a member has in excess of 16 years of prior service at the time of enlistment.