IN THE CASE OF:	  

		BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110007830 


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, in effect, payment of the Selective Reenlistment Bonus (SRB) guaranteed in her 28 April 2010 DD Form 4 (Enlistment Contract).

2.  The applicant states:

	a.  she was told that she is not eligible for an SRB because she exceeded the 14 years or less guideline under the Selected Reserve Incentive Program (SRIP) by 2 weeks;

	b.  she was issued a Bonus Control Number (BCN) and a Reenlistment Control Number (RCN);

	c.  she attempted to reenlist in January 2010 and the reenlistment was not completed until April 2010;

	d.  her reenlistment paperwork was lost between the Army Reserve Career Division (ARCD) and the Human Resources Command (HRC) for over 2 weeks;

	e.  when she initiated her reenlistment, she was a military technician and she resigned from her civilian position because she was told she was eligible for a bonus; and

	f.  she does not feel that this was due to any fault of her own; therefore, she should not be denied an SRB.

3.  The applicant provides:

* A self-authored, undated memorandum, subject:  Exception to Policy Memo for Denial of Reenlistment Bonus
* An undated memorandum from her supervisor, subject:  Exception to Policy Memo for Denial of Reenlistment Bonus
* Email between her and Army officials regarding her reenlistment and reenlistment documents, dated between 22 February 2010 and 28 April 2010
* RCN Worksheet
* Email between her and Army officials, dated 6 January 2011
* DD Form 4, dated 28 April 2010
* AHRC-ARE-E400 Orders R-05-085216, dated 3 May 2010

CONSIDERATION OF EVIDENCE:

1.  With 10 months and 2 days of total prior active service, the applicant enlisted in the Regular Army (RA) for 3 years on 11 January 1995.  She extended her enlistment for 4 months on 12 June 1996.  She reenlisted in the RA for 2 years on 30 January 1998 and she reenlisted in the RA for 3 years on 30 September 1999.  On 9 August 2000, she was honorably discharged from the RA.

2.  On 5 October 2000, the applicant enlisted in the U.S. Army Reserve (USAR) for 3 years.  She extended her period of enlistment in the USAR for 10 months on 16 June 2003.

3.  On 14 October 2003, and she reenlisted in the USAR for 3 years, making her expiration term of service (ETS) 13 October 2006.

4.  She apparently extended her 14 October 2003 reenlistment twice before extending again on 5 September 2007 for one year, making her ETS 13 November 2008.  She extended again on 21 August 2009 for 6 months, making her ETS 13 November 2009.

5.  The applicant reenlisted in the USAR for 3 years on 28 April 2010.  Her DD Form 4 for this period shows she was reenlisting for an AGR initial tour.  Her DD Form 4 also shows that a "Bonus will be paid IAW MILPER Message 04-353 and future MILPER Messages."  Her DD Form 4 shows her AGR RCN and her AGR BCN.

6.  The applicant submits an undated, self-authored memorandum requesting an exception to policy for denial of her reenlistment bonus.  In her memorandum, she reiterates what she previously stated.  In the memorandum she submits from her supervisor requesting an exception to policy for denial of her reenlistment bonus, he (her supervisor) states:

	a.  he was notified on 7 January 2011 that the applicant was not eligible for the AGR SRB because her active Federal service (AFS) at the time she signed her DD Form 4 was 14 years and 17 days;

	b.  she has email documentation to prove the lengths she went through to attempt to reenlist in a timely manner;

	c.  she began inquiring by email on 22 February 2010 and HRC finally located her contract on 23 March 2010;

	d.  she has proof she was not at fault and should not be punished for delays outside of her control;

	e.  she was issued a BCN and assured all along the way that there were no issues;

	f.  she resigned from her military technician position, based on the assurance given to her from all involved in the reenlistment process; and

	g.  she did everything asked of her and should receive her bonus.

7.  The email she submits shows her reenlistment documents were requested by HRC on 22 February 2010 and she submitted the requested documents on 25 February 2010.  In the email she tracks the status of her reenlistment documents and she inquires about the next steps to be taken go forth with her reenlistment.  The email verifies that the reenlistment documents were lost somewhere between HRC and ARCD.  Her RCN Worksheet is dated 6 April 2011 and it shows she was assigned a BCN and an RCN.  On 9 April 2010, she was told, via email, that her documents for reenlistment had been received and that she would be issued a control number within the next couple of weeks.  

8.  The applicant also submits email showing that on 6 January 2011, she was notified by an 87th USAR Support Command, assistant Inspector General (IG) that she could not be added to the bonus spreadsheet for payment because there are discrepancies with the validity of her DA Form 1506 showing the amount of her AFS.  The notification states that although she was inadvertently issued a BCN, her AFS is over the 14 year requirement of eligibility.  She was requested to provide a memorandum/statement from the U.S. Army Reserve Command (USARC)/Army G-1 authorizing her to receive a bonus.

9.  The applicant submits a copy of her DD Form 4, dated 28 April 2010, and AHRC-ARE-E400 Orders R-05-085216 showing she is currently a member of the USAR in an AGR status. 

10.  During the processing of this case an advisory opinion was obtained from the Office of The Deputy Chief of Staff (ODCS), G-1, who recommends approval of the applicant's request.  The ODCS, G-1, states that the applicant was offered a reenlistment bonus and issued a BCN; however, by the time HRC processed the paperwork, the applicant had more than 14 years of service and she should not be penalized for their mistake.  The ODCS, G-1, also states that after reviewing the applicant's file she found that the applicant’s DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 5 September 2007, block 7d (ETS) should be 13 October 2008 instead of 13 November 2008.  She also stated that in order to make the extension dated 17 August 2009 and the reenlistment contract, the extension dated 15 September 2007 should be corrected in block 8 (Provisions and Computation of this Extension) to read "Period of Extension 1 month and 1 year."

11.  On 30 June 2011, a copy of the advisory opinion was sent to the applicant for her concurrence or rebuttal.  No response was received.

12.  MILPER Message 04-353 (Subject:  Implementation of SRB for USAR AGR Soldiers) implements guidance for the SRB for the USAR AGR force.  The SRB AGR program is a retention incentive paid to Soldiers in certain selected MOSs and ranks who reenlist for a minimum of 3 years.  The objective of the SRB program is to increase the number of reenlistments in a critical MOS that do not have adequate retention levels to man the career force.  A qualified Soldier may be paid an SRB only once within each zone of eligibility.  Three eligibility zones have been authorized for use under the SRB program.  They are as follows:

	a.  Zone A is applicable to reenlistments between 17 months and 6 years of active service.

	b.  Zone B is applicable to reenlistments between 6 and 10 years of active service.

	c.  Zone C is applicable to reenlistments between 10 and 14 years of active service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  Her supporting evidence has been considered.

2.  She reenlisted on 28 April 2010 for a period of 3 years and was authorized a zone C SRB.  However, on that date she had more than 14 years of service and did not meet the eligibility criteria for the bonus.

3.  Her reenlistment contract clearly shows she was authorized an SRB.  She was assigned a BCN and an RCN.  Had her reenlistment paperwork been timely processed she would have been eligible for an SRB.  Had she reenlisted on 28 March, instead of 28 April, 2010, she would have had less than 14 years of service and would have been eligible for the bonus.

4.  The applicant has provided documentation clearly showing that she submitted her reenlistment documents in a timely manner and the documents were lost through no fault of her own.  The evidence also shows that she reenlisted in good faith with the understanding she was eligible for the AGR SRB based on the authorized effective date of her reenlistment.  This action was in accordance with the governing directive, MILPER message 04-353, and it had been approved by a higher headquarters.

5.  The other corrections mentioned in the advisory opinion will not be made.  There are no provisions for correcting errors and/or injustices contained in a Soldier's official military records when not specifically requested by the Soldier.

6.  In view of the foregoing, the applicant's request should be granted.

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 showing she reenlisted on 28 March 2010, making her eligible for the AGR SRB 

she contracted for and paying her any SRB payments that may be due as a result of this correction.



      _______ _  _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)                                         AR20110007830





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ABCMR Record of Proceedings (cont)                                         AR20110007830



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