IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110001817
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 $10,000 prior-service enlistment bonus (PSEB).
2. The applicant states that he enlisted in the U.S. Army Reserve (USAR) for a 6-year term and he was promised a $10,000 PSEB. When he submitted his paperwork for the bonus he was told his enlistment contract was wrong. He submitted a request to the USAR Command (USARC), Fort McPherson, GA, for payment of the PSEB as an exception to policy, but he was still denied.
3. The applicant provides:
* Memoranda, dated 16 November and 24 November 2010, concerning payment of the PSEB
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) and allied documents
CONSIDERATION OF EVIDENCE:
1. Having had prior service in the U.S. Marine Corps Reserve, the applicant enlisted in the USAR for 6 years on 27 August 2009. Section IV (Service Obligation) of his Reserve Annex (Certificate of Acknowledgment USAR Service Requirements and Method of Fulfillment) shows:
* he enlisted under the Prior Service Program for assignment in military occupational specialty (MOS) 36B (Financial Management Technician) with Headquarters, 80th Training Command, Richmond, VA
* he enlisted for the following programs and/or incentives as his entitlements: "Prior-Service Enlistment Bonus $10,000.00 Will Train"
2. On 25 May 2010, he was ordered to active duty for training and he completed the Financial Management Technician Course. He was released from active duty on 30 September 2010.
3. While in an active duty training status Headquarters, 99th Regional Readiness Command, Fort Dix, NJ, published Orders 10-215-00032 awarding him MOS 36B.
4. On 16 November 2010, an official at the 80th Training Command requested an exception to policy to pay the applicant the PSEB. This official stated, at the time, the Selected Reserve Incentive Program (SRIP) list specified payment of $5000 for 6 years and MOS 36B; however, the applicant's contract stated payment of $10,000 for 6 years and MOS 36B. The error was not due to the applicant and the error was only discovered upon sending his contract to the finance office for payment.
5. On 24 November 2010, the Deputy Director, Deputy Chief of Staff, G-1, USARC, denied the request to pay the PSEB in the amount of $10,000 due to an exception to policy and stated that the Fiscal Year 2009 (FY09) 2nd half SRIP List only authorizes a $5,000 PSEB for a 6-year enlistment in MOS 36B.
6. An advisory opinion was obtained on 13 July 2011 in the processing of this case. An official at the USARC, Fort McPherson, GA, recommended partial relief for payment of $5,000. The official stated:
a. A PSEB is available to duty MOS qualified prior service (PS) applicants enlisting in an MOS match, primary or mobilization vacancy, and with an Armed Forces Qualification Test (AFQT) score between 31 and 49. A 3-year enlistment qualifies for a $5,000 PSEB and a 6-year enlistment qualifies for a $10,000 PSEB.
b. A PSEB of $5,000 is available to PS applicants into the "Will Train" primary or mobilization vacancy with an AFQT score between 31 and 99 enlisting for 6 years from April to September 2009. Those enlisting between October 2008 and March 2009 are eligible for a $10,000 bonus.
c. Military Entrance Processing Station guidance counselors are not authorized to offer incentives to those with 16 or more years of service and who do not have an honorable discharge at the conclusion of their prior period of service.
d. The applicant fits the category of a PSEB who enlisted into the "Will Train" program on 27 August 2009 for 6 years. He can remain in the Selected Reserve without a bonus or with the $5,000 bonus or request separation through his chain of command.
7. On 12 September 2011, the applicant agreed to remain in the Selected Reserve and elected the $5,000 PSEB.
8. Army Regulation 135-7 (Incentive Programs) states the PSEB incentive offers a cash bonus to eligible persons with prior military service who enlist in the USAR and contract to serve in a troop program unit of the Selected Reserve in a designated MOS announced by Headquarters, Department of the Army.
DISCUSSION AND CONCLUSIONS:
The applicant enlisted in the USAR for 6 years in an MOS that was authorized for payment of a $5,000 PSEB. It appears his enlistment contract erroneously shows he was promised payment of a $10,000 PSEB. He was provided various options and he elected to remain in the Selected Reserve and receipt of the $5,000 PSEB. Therefore, he should be paid this bonus.
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:
* showing entitlement to a PSEB in the amount of $5,000 based on MOS 36B
* paying him a $5,000 PSEB
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 payment of a $10,000 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.
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