IN THE CASE OF:	

		BOARD DATE:	19 May 2011

		DOCKET NUMBER:  AR20100026560 


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 to be paid the full $10,000.00 Prior Service Enlistment Bonus (PSEB) that was authorized in the enlistment contract she signed.

2.  The applicant states that when she enlisted in the U.S. Army Reserve (USAR), the annex to the DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) she signed stated she would receive a bonus of $10,000.00 because she was a prior-service enlistee.  The Defense Finance and Accounting Service (DFAS) paid her the initial payment of $5,000.00 of the PSEB, not the full $10,000.00 that was authorized in her contract.  The USAR Command (USARC) disapproved the request for an exception to policy that was submitted for her to receive the entire $10,000.00.

3.  The applicant provides copies of:

* memorandum, Headquarters, 340th Engineer Company, dated 10 August 2010, subject:  Request Exception to Policy for [Applicant], with endorsements
* memorandum, Headquarters, USARC, dated 8 September 2010, subject:  Exception to Policy for [Applicant]
* DD Form 4 including Selected Reserve Incentive Program – USAR PSEB Addendum
* DA Form 1059 (Service School Academic Evaluation Report), dated 14 March 2010
* memorandum, Office of the Chief, Army Reserve, dated 23 June 2009, subject:  Army Reserve Fiscal Year 2009 (FY09) 2d Half Selected Reserve Incentive Programs (SRIP) Policy Guidance through 30 September 2009

CONSIDERATION OF EVIDENCE:

1.  Having prior service in the USAR from January 1995 to August 1996, the applicant enlisted in the USAR on 3 August 2009 in the rank/grade of private first class/E-3 for a period of 6 years.  In connection with this enlistment she and her recruiter signed various allied documents as follows:

	a.  Certificate and Acknowledgment – USAR Service Requirements and Methods of Fulfillment.  In section IV (Service Obligation) she acknowledges she enlisted in the 340th Engineer Company, 2450 Leechburg Road, New Kensington, PA.  The unit vacancy military occupational specialty (MOS) is listed as 62B.  She further acknowledges she is enlisting under the Prior Service Program and she has been assured of attending the school course for training in MOS 62B [later converted to 91L], skill level 1, and she is authorized the "PSEB $10,000.00 – WILL TRAIN."

	b.  SRIP – USAR PSEB Addendum.  In section V (Entitlement) she indicates she has less than 16 years of military service and she is enlisting for 6 years for a bonus of $10,000.00.  In section VII (Termination) she acknowledges the PSEB will be terminated if she is not MOS qualified within 24 months of enlistment.

2.  On 14 March 2010, the applicant completed the Construction Equipment Repairer Course for MOS 91L.  Orders 10-145-00108, Headquarters, 99th Regional Support Command, Fort Dix, NJ, dated 25 May 2010, announced she was awarded primary MOS 91L.

3.  On 8 September 2010, the Deputy Chief of Staff, G-1, USARC, disapproved an exception to policy to allow payment of the $10,000.00 PSEB.  In the memorandum of disapproval, it is states the applicant enlisted on 9 August 2009 for 6 years and a $10,000.00 bonus in MOS 62B, which converted to 91L on 1 October 2009.  The FY09 second half SRIP List only authorized MOS 62B a 
6-year $5,000.00 PSEB.  The applicant is eligible for the maximum of $5,000.00 for the PSEB.  Additionally, the memorandum states the applicant may elect to remain in her unit without an increase of the PSEB, request a transfer to the Individual Ready Reserve (IRR) (upon transfer to the IRR the $5,000.00 PSEB will be recouped), or apply directly to the Army Board for Correction of Military Records (ABCMR) to pursue any perceived injustice.

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, G-1, Headquarters, Department of the Army.  The advisory official stated, in effect:

	a.  The FY09 first half SRIP contained MOS 62B listed as a $7,500 bonus for a 3-year contract and $15,000.00 for a 6-year contract.  The FY09 second half SRIP (effective 23 June 2009) did not have a bonus for MOS 62B/91L.  The applicant enlisted after the second half SRIP was in effect.  USARC denied the exception to policy for the applicant to retain the $10,000.00 bonus.  The advisory official notes that USARC incorrectly stated in their denial, "The FY09 second half SRIP List only authorized MOS 62B (91L) a 6-year $5,000.00 PSEB."  In fact, there is no mention of MOS 62B (or 91L) in the second half SRIP and the only amount authorized for a non-MOS qualified applicant was for 6 years, $10,000.00.  The applicant has already been erroneously paid $5,000.00.  The recruiter obviously used the first half SRIP erroneously; however, given the USARC error overall, the applicant, who in good faith completed the MOS training, should not be held at fault.

	b.  The applicant should be granted relief and paid the bonus in the amount of $10,000.00.

5.  On 7 March 2011, the advisory opinion was provided to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She responded that she accepted the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she should be paid the entire $10,000.00 PSEB that she was promised in her enlistment contract.

2.  The available evidence confirms the applicant enlisted for 6 years for MOS 62B [now 91L] for a PSEB of $10,000.00.  She fulfilled her contractual agreement by completing the training for MOS 91L within the 24 months required.

3.  She should not be penalized for an error committed by a recruiter whose job was to ensure accuracy of the information provided to the applicant.  She acted in good faith and she has fulfilled the terms of her contract.  As matter of equity, she should be entitled to the $10,000.00 PSEB that is authorized in her enlistment contract.  

BOARD VOTE:

____X_____  ___X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 by:

	a.  showing she is eligible for payment of the bonus in accordance with the terms of her USAR PSEB Addendum and

	b.   paying her the remaining $5,000.00 of the $10,000.00 PSEB specified in her enlistment contract.



      ____________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)                                         AR20100029787



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ABCMR Record of Proceedings (cont)                                         AR20100026560



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