IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100017317
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.
2. The applicant states he was denied reenlistment in the U.S. Army Reserve (USAR) prior to his 20th year service anniversary because his 5-year physical had expired. He states that he was unaware of this requirement until he tried to reenlist. His unit had previously sent out notices to Soldiers whose physicals were due. However, prior to the date of his attempted reenlistment, his unit did not provide him with this information. Additionally, he completed his physical prior to his 20th year but due to the time taken to input the results, he was unable to reenlist until 11 March 2007. His retention noncommissioned officer attempted to apply for a reenlistment that would have been effective the date he initially planned to reenlist but the request was denied.
3. The applicant provides his DD Form 4 Enlistment/Reenlistment Document) and his DD Form 2808 (Report of Medical Examination) with allied documents.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was born on 9 October 1969.
2. His records show he enlisted in the USAR for a period of 8 years on 24 January 1987 and held military occupational specialty 91J (Medical Supplies Specialist). He executed a 6-year reenlistment on 23 January 1992 and a 3-year reenlistment on 5 June 1999.
3. He entered active duty on 18 January 2002 and served in Qatar from 5 February 2002 to 16 August 2002, during which he was promoted to staff sergeant (SSG) in June 2002. He was honorably released from active duty on
9 September 2002 to the control of his USAR unit, the 388th Medical Battalion, Hays, KS.
4. On 23 February 2007, he completed a physical and was determined to be physically fit for retention.
5. On 11 March 2007, he executed an indefinite reenlistment in the USAR. His DD Form 4 does not reflect a promise for payment of a bonus by the Government or a bonus control number.
6. On 28 February 2008, he received his Notification of Eligibility for Retired Pay at Age 60 (20-year letter).
7. An advisory opinion was obtained on 3 February 2011 in the processing of this case. An official at the Office of the Deputy Chief of Staff, G-1 recommended denial of the applicant's request. The official stated that a review of the available records showed the applicant's PEBD (Pay Entry Basic Date) as 24 January 1987. He reenlisted on 11 March 2007, nearly 2 months after his 20th year of service. His physical was completed on 23 February 2007, also after his 20th year of service.
8. The applicant submitted a rebuttal on 4 February 2011 wherein he stated that his physical had been expired by only a few days. He added that the actual physical was completed on 22 January 2007 but he was told he could not reenlist until the results were in the system. The effective date of this physical is
26 February 2007 which is over a month after he completed it. Additionally, the results were not posted until 3 March 2007. He was told even if he had completed the physical prior to his 20th year, he could not reenlist until the results were posted in the system. Additionally, since he was previously mobilized in 2002 and 2003. For both mobilizations, he would have had to take a physical. The physical from either mobilization should be sufficient to show he was eligible to reenlist.
9. DOD Financial Management Regulation 7000.14-R, Volume 56 provides for Selected Reserve Accession, Affiliation, Enlistment, and Reenlistment Bonuses. It states in section 560401 the Secretary concerned (or designee) may pay a bonus to an enlisted member of a Reserve Component after the following conditions are met: (a) Has completed not more than 20 years of total military service; and (b) reenlists or voluntarily extends his or her enlistment for a period of at least 3 years in a designated military skill, or in a designated unit, as determined by the Secretary concerned (or designee), in the Selected Reserve of the Ready Reserve of an Armed Force
DISCUSSION AND CONCLUSIONS:
1. The evidence of records show the applicant entered military service on 24 January 1987 and attained 20 years of service on 23 January 2007. Although he may have started his physical in January 2007, he was determined to be physically fit for retention, and thus reenlistment, on 23 February 2007.
2. Members of the Selected Reserve with 20 or more years of service are ineligible for a reenlistment bonus. The applicant is a senior SSG with over 20 years of military service and who had previously reenlisted on multiple occasions. He knew or should have known of the requirements to take periodic physicals and remain physically fit for retention in the USAR. In view of the foregoing evidence, there is insufficient evidence to grant him the requested relief.
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) AR20100017317
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ABCMR Record of Proceedings (cont) AR20100017317
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