BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20110001997 


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 $15,000.00 Prior-Service Enlistment Bonus for which he enlisted.

2.  The applicant states:

* he signed his enlistment contract believing he qualified for the bonus
* he fulfilled his part of the contract, he is military occupational specialty (MOS) qualified and performing satisfactorily in the U.S. Army Reserve (USAR)
* he is being denied the bonus due to the characterization of his previous period of Army National Guard (ARNG) service
* his Military Entrance Processing Station (MEPS) counselor failed to tell him about the disqualification prior to enlistment
* the MEPS counselor told him he would qualify for the bonus when he became MOS qualified
* he has been promoted from pay grade E-4 to pay grade E-6 and he is currently being mobilized with his unit

3.  The applicant provides:

* DA Form 2823 (Sworn Statement)
* U.S. Army Recruiting Command Waiver Approval e-mail
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
* 
Certificate and Acknowledgement – USAR
* Selected Reserve Incentive Program – USAR Prior Service Enlistment Bonus Addendum
* DD Form 1966 (Record of Military Processing – Armed Forces of the United States)
* Orders 10-113-00129
* Orders 08-095-00014
* National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service), dated 30 April 1993 and 29 August 1997
* DD Forms 214 (Certificate of Release or Discharge from Active Duty), dated 3 September 1989 and 1 April 1992
* letter to his Representative in Congress, dated 30 December 2010
* memorandum from the United States Forces Afghanistan 
* letter to the Department of the Army Congressional Liaison Office
* privacy release form
* letter to his Representative in Congress, dated 22 December 2010

CONSIDERATION OF EVIDENCE:

1.  On 2 April 1992, the applicant enlisted in the Illinois ARNG (ILARNG) after completing 4 years, 1 month, and 20 days of creditable active service and 1 year, 5 months, and 8 days of inactive service.

2.  The facts and circumstances surrounding his release from the ILARNG are not available.  However, his NGB Form 22 shows he was released from the ILARNG on 30 April 1993 due to unsatisfactory participation and transferred to the USAR Control Group (Reinforcement).  He completed 1 year and 29 days of net service during this period.  His character of service is shown as under honorable conditions.

3.  On 30 August 1996, he again enlisted in the ILARNG for 3 years.  The facts and circumstances surrounding his release from the ILARNG are not available.  His NGB Form 22 shows he was released from the ILARNG on 29 August 1997 due to unsatisfactory participation and transferred to the USAR Control Group (Reinforcement).  He completed 1 year of net service during this period.  His character of service is shown as under honorable conditions.

4.  The applicant enlisted in the USAR on 20 September 2007 for a period of 6 years.  His enlistment contract shows:

* he enlisted as a former member of the Armed Forces with no remaining statutory military service obligation
* 
he enlisted for assignment to the 814th Military Police (MP) Company
* he enlisted under the Prior-Service Program
* he enlisted for MOS 31B MP
* he was authorized a Prior Service Enlistment Bonus of $15,000.00

5.  His Selected Reserve Incentive Program – USAR Prior-Service Enlistment Bonus Addendum shows he enlisted for 6 years with less than 16 years of service and for a $15,000.00 bonus.  The addendum shows that for 6-year enlistments, payments of 25 percent of the total bonus amount would be paid at the end of his second and fourth year of satisfactory service in a USAR Selective Reserve Unit.  The addendum also shows he acknowledged that in connection with his enlistment in the USAR for the prior-service enlistment bonus, he must be in receipt of an honorable discharge issued for separation from prior military service.  He signed the addendum on 20 September 2007.

6.  He was awarded primary MOS 31B1O effective 4 April 2008.  He is currently a member of the USAR fulfilling his service obligation.

7.  During the processing of this case an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, who states that according to Army Regulation 135-7, paragraph 2-1a (Eligibility), the applicant is not authorized a prior-service enlistment bonus because his last period of service was not honorable.  However, the mistake that was made was not due to the Soldier, but that of the guidance counselor.  The G-1 states the Soldier has met all other qualifications for the bonus and recommends that he be allowed to receive his prior-service enlistment bonus.

8.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal on 18 May 2011.  To date, there has been no response from the applicant.

9.  The evidence the applicant submits shows he has made previous attempts to collect the enlistment bonus as specified in his enlistment contract through his chain of command and his Congressional representative.

10.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) states that when a breach of enlistment commitment occurs, the service member has a reasonable time to present a claim [the time period is normally 30 days].  The time period starts from the date the member is informed that his or her commitment will not be honored or he or she discovers that the commitment has been breached.

11.  Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for the administration of the ARNG and USAR incentive programs.  The eligibility criteria for a prior-service Selected Reserve reenlistment bonus contained in this regulation stipulates that the member cannot have been previously paid a bonus for enlistment, reenlistment, or extension of an enlistment in any Reserve Component of the Armed Forces.

12.  Title 10, U.S. Code, section 1552, the law which provides for the Board, states, "The Secretary may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or the repayment of a fine or forfeiture, if, as a result of correcting a record under this section, the amount is found to be due the claimant on account of his or another's service in the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence and the G-1 advisory opinion have been considered.

2.  Although the advisory opinion recommends that he be allowed to receive the bonus, the applicant has not submitted any evidence showing he was told by the MEPS counselor he would qualify for the Prior-Service Enlistment Bonus.

3.  In the Prior-Service Enlistment Bonus Addendum he signed on 20 September 2007, he acknowledged he understood he must be in receipt of an honorable discharge issued for separation from prior military service in order to qualify for the Prior-Service Enlistment Bonus.  He signed the addendum on 20 September 2007.  He did not receive an honorable discharge from his prior military service; therefore, he is not authorized a Prior-Service Enlistment Bonus.

4.  The applicant failed to show error or injustice in the actions taken by the Army in his case.  In view of the foregoing, his request should be denied.

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 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)                                         AR20110001997



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ABCMR Record of Proceedings (cont)                                         AR20110001997



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