IN THE CASE OF:
BOARD DATE: 23 March 2011
DOCKET NUMBER: AR20100024852
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 payment of a reenlistment bonus. He reenlisted in the U.S. Army Reserve (USAR) for 6 years while in Iraq in June 2008. He had an approved AGR (Active Guard Reserve) bonus control number and his rank of master sergeant (MSG)/E-8 was known at the time he reenlisted. He initially wanted to reenlist for 3 years. His retention NCO (Noncommissioned Officer) told him he would qualify for a $20,000.00 bonus if he reenlisted for 6 years instead. He reenlisted in good faith and has been fulfilling the terms of his contract.
3. The applicant provides:
* Memorandum from his commander
* DD Form 4 Enlistment/Reenlistment Document)
* DA Form 4789 (Statement of Reenlistment to Selective Reserve Bonus)
* Reenlistment Control Number Worksheet
* ALARACT (All Army Activities) Message 039/2008
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he initially enlisted in the USAR on 13 August 1982 and held military occupational specialty (MOS) 75D (Personnel Records Specialist). He served through multiple reenlistments in the USAR and held MOS 46Z (Public Affairs Chief). He was promoted to MSG/E-8 on 1 May 2008.
2. He entered active duty on 27 February 2008 and served in Iraq from 28 February 2008 to 7 February 2009. He was assigned to the 354th Public Affairs Battalion, out of Coraopolis, PA.
3. On 29 June 2008, a Reenlistment Control Number Worksheet was prepared for the applicant. His retention NCO indicated the applicant was authorized Reenlistment Control Number XAD14314 and Bonus Control Number CAD2914. His rank and date of rank are shown as "MSG" and "2008 05 01" respectively.
4. On 4 July 2008, while at Camp Victory, Iraq, he executed a 6-year reenlistment in the USAR. Item 8b (Remarks) of his DD Form 4 shows he reenlisted in the AGR program in accordance with chapter 8 of Army Regulation 140-11 (U.S. Army Reserve Reenlistment Program) for an SRB (Selective Reenlistment Bonus) of $20,000.00. He was assigned AGR Reenlistment Control Number XAD14314 and AGR Bonus Control Number CAD2914.
5. In connection with this reenlistment, he completed a DA Form 4789 wherein he acknowledged he understood he was getting a selective reenlistment bonus in return for his 6-year reenlistment in MOS 46Z.
6. An advisory opinion was obtained on 9 March 2011 in the processing of this case. An official at the Office of the Deputy Chief of Staff, G-1, recommended disapproval and stated that the applicant was ineligible for the bonus due to his rank of MSG. ALARACT Message 039/2008 states the member must be serving in AGR duty in the rank of specialist/E-4 through sergeant first class/E-7 at the time of reenlistment. The applicant was issued a bonus control number in error. He should have the option to have his contract voided, issuance of a new contract for 3 years, or request an exception to policy through the chain of command for the bonus.
7. The applicant responded by email on 9 March 2011 and stated he desires to finish out his 6-year reenlistment and he does not want to leave the AGR program.
8. He submitted a memorandum, dated 2 March 2010, from his commander who states the applicant's initial intent was to reenlist for 3 years. However, his career counselor informed him that he could receive $20,000.00 if he reenlisted for 6 years, which he did. He reenlisted in good faith and he should receive the bonus.
9. ALARACT Message 039/2008, dated 21 February 2008, Subject: Selective Reenlistment Bonus for Army Reserve/Active Guard Reserve Soldiers applies only to eligible USAR AGR Soldiers and is valid from 1 January through 31 December 2008. Paragraph 6 of this message outlines the individual qualifications for the SRB. It states "
the Soldier must be serving in the ranks of specialist through sergeant first class at the time of reenlistment."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be paid his reenlistment bonus.
2. The evidence of records show the applicant was promoted to MSG/E-8 on 1 May 2008. He executed a 6-year reenlistment contract on 4 July 2008. Although he reenlisted in good faith and he was issued a bonus control number, the issuance of this number was in error. At the time of his reenlistment, the ALARACT message authorized such bonuses to Soldiers holding the ranks of specialist through sergeant first class at the time they reenlisted.
3. Nevertheless, the applicant reenlisted in good faith and continues to serve the terms of his reenlistment contract. The error was not his fault. He should not be penalized for an error committed by a career counselor whose job was to ensure accuracy of the information he provided the applicant.
4. Notwithstanding the advisory opinion, the applicant met all of the requirements he agreed to on his contract; therefore, he should be entitled to the bonus.
BOARD VOTE:
____X____ ________ __X______ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ____X____ ________ 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 to show that he:
a. is eligible for payment of the bonus in accordance with the terms of his reenlistment contract; and
b. be paid the bonus as specified in his reenlistment contract.
_______ _XXX _______ ___
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) AR20100024852
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