BOARD DATE:	  22 March 2012

		DOCKET NUMBER:  AR20110015944 


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 $15,000 Prior Service Enlistment Bonus to which he is entitled for enlisting in the U.S. Army Reserve (USAR) for a period of 6 years.

2.  The applicant states he was told he qualified for the bonus and contends that nowhere in his enlistment contract does it state that his previous general discharge under honorable conditions renders him ineligible for receiving the bonus.  He further states he attended two military occupational specialty (MOS) producing schools and lived up to his contract while the Army has not.  He attests that if this bonus is not paid to him he will spend his life wasting the Government's money in court.

3.  The applicant provides:

* DA Form 5261-5 (Selected Reserve Incentive Program - USAR Prior Service Enlistment Bonus Addendum), dated 29 September 2008
* Reserves Annex, dated 29 September 2008
* MOS orders, dated 13 January 2011
* Two letters from the Deputy Director, Deputy Chief of Staff, G-1, Headquarters, USAR Command (USARC), dated 7 July 2010 and 7 April 2011




CONSIDERATION OF EVIDENCE:

1.  The applicant's record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows he initially enlisted in the Regular Army on 10 January 1997.  On 19 February 1999, he was discharged under the provisions of chapter 14 of Army Regulation 635-200 (Active Duty Enlisted Separations) as a result of misconduct.  His service was characterized as general, under honorable conditions.  He completed of 2 years, 1 month, and 10 days of creditable active duty service.

2.  On 29 September 2008, the applicant enlisted in the USAR for a period of 6 years and he was scheduled to complete training for MOS 92F (Petroleum Supply Specialist).  The DA Form 5261-5 he completed at the time shows in:

	a.  Section III (Acknowledgement) that in connection with his enlistment in the USAR for the prior service enlistment bonus he acknowledged he met five eligibility criteria.  Item 5 states "I am in receipt of an honorable discharge issued on separation from prior military service."

	b.  Section V (Entitlement) of this form shows he attested he was eligible for a prior service enlistment bonus in the amount of $15,000 in return for enlisting for a period of 6 years.  Initial payment of 50 percent (%) of the bonus would be paid upon award of the appropriate MOS, and 25% of the total bonus would be paid at the end of his 2nd and 4th years of satisfactory service in a USAR Selected Reserve Unit.

	c.  Section IX (Statement of Understanding) he indicated he had read and understood each of the statements above and had his questions satisfactorily answered.  He understood the statements above were intended to constitute all promises and agreements, whatsoever, concerning his enlistment for prior service enlistment bonus.  Any other promise, representation, or commitment made to him in connection with his enlistment for this bonus had been entered below in his own handwriting, or they had been waived.  He authenticated this document with his signature on 29 September 2008.  There are no additional handwritten entries on this document.  

3.  On 29 September 2008, the applicant also completed a Reserves Annex to his enlistment contract.  Section IX (Addendums) of his Certificate and Acknowledgement USAR Service Requirements and Methods of Fulfillment document shows the aforementioned DA Form 5261-5 was an integral portion of his enlistment contract.  The Authentification portion of this document, in part, shows the applicant:

	a.  acknowledged he was required to reveal all prior military service.

	b.  stated he had provided his recruiter and guidance counselor all information concerning his qualifications and that no official in the U.S. Army or any other agency had advised him to conceal, nor had he concealed, information in connection with his enlistment.

	c.  stated he had provided his recruiter and/or guidance counselor all information required on his application for enlistment.  He certified he had read and fully understood the contents of this form and that no one had told him to conceal information.  He authenticated this document with his signature on 29 September 2008.

4.  The applicant provides a letter addressed to a Representative in Congress from the Deputy Director, Deputy Chief of Staff, G-1, Headquarters, USARC, dated 7 July 2010, which was rendered in response to an inquiry on the applicant's behalf.  The Deputy Director informed the Representative the applicant was not currently eligible to receive his initial bonus payment because he had not completed training in critical MOS 92F, for which he had contracted, within 24 months of his enlistment date.  The Deputy Director acknowledged the applicant's unit leadership had elected to send him to training for the less critical MOS 92L (Petroleum Laboratory Specialist) and in an effort not to penalize him for this decision, the applicant was given an additional 12 months to complete MOS training for 92F.  If he completed this training within the required timeframe, he would then be eligible for payment of the bonus.

5.  Headquarters, 99th Regional Support Command, Fort Dix, NJ Orders 
11-013-00066, dated 13 January 2011, awarded the applicant MOS 92F as his primary MOS.

6.  The applicant provides a letter addressed to a Representative in Congress from the Deputy Director, Deputy Chief of Staff, G-1, Headquarters, USARC, dated 7 April 2011, which was rendered in response to an inquiry on the applicant's behalf.  The Deputy Director informed the Representative that research had revealed the applicant was not entitled to receive the Prior Service Enlistment Bonus.  The Deputy Director acknowledged the applicant was initially informed that he did not qualify for the bonus due to failure to complete mandatory training within the required timeframe.  However, additional research revealed he was also ineligible due to his prior discharge status.  He noted the applicant received an "Under Honorable Conditions (General)" discharge on 19 February 1999.  The Deputy Director cited the facts that Army policy prohibits Soldiers who did not receive an honorable discharge at the conclusion of all periods of prior service from receiving the Prior Service Enlistment Bonus and the USAR does not have the authority to grant an exception to policy in this case.
He noted the U.S. Army Recruiting Command had been made aware of this situation and they would investigate as they deemed appropriate.  The Deputy Director concluded by stating if the applicant believed there was a breach of contract he could elect one of the following options:

	a.  Remain in his unit as a drilling reservist without receipt of a bonus.

	b.  Request a discharge in accordance with Army regulatory guidance.

	c.  Apply to this Board to pursue any perceived injustices.

7.  Army Regulation 135-7 (Army National Guard (ARNG) and Army Reserve - Incentive Programs) prescribes policies and procedures for the administration of the ARNG and the USAR incentive programs.  Incentives and entitlements prescribed by this regulation may specify that an applicant be in a non-prior service, prior service, or in service status.  They may also mandate the completion of specified initial entry training.  Soldiers will have their incentive eligibility and entitlement stopped when any of the termination reasons apply as listed within the applicable chapters of this regulation.  This regulation provides that a Prior Service Enlistment Bonus is offered to any person who meets several requirements, to include having received an honorable discharge at the conclusion of his or her last period of military service.  Once being declared ineligible, termination of bonus will not affect a Soldier's responsibility to serve his or her current statutory or contractual service commitment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to receive payment of a $15,000 Prior Service Enlistment Bonus was carefully considered and determined to lack merit.

2.  The evidence shows the applicant served in the Regular Army from 10 January 1997 to 19 February 1999, at which time he was discharged under the provisions of chapter 14 of Army Regulation 635-200 for misconduct.  As a result, his service was characterized as general, under honorable conditions.

3.  The evidence also shows that when the applicant enlisted in the USAR on 29 September 2008, he indicated he was eligible for the Prior Service Enlistment Bonus by falsely stating he had received an honorable discharge for his prior military service.  He certified he had read and fully understood the contents of his contract and that no one had told him to conceal information and authenticated the contract with his signature.

4.  Army policy precludes individuals who did not receive an honorable discharge at the conclusion of all periods of prior service from receiving the Prior Service Enlistment Bonus.  Therefore, the applicant is not entitled to the requested relief.

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 that 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)                                         AR20110015944



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ABCMR Record of Proceedings (cont)                                         AR20110015944



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